Daniels v. Cranberry Fuel Co.

Lively, Judge:

Plaintiff prosecutes error to the judgment of the court below, which set aside a jury verdict of $9,000 in his favor.

Plaintiff was injured in August, 1929, on State Highway No. 21 at a point between Mt. Hope and Beckley where the paved highway, nine feet in width, passes beneath an overhead mine track or tipple maintained by defendant, Cranberry Fuel Company, and supported by bents or timber piers, about eighteen feet apart, which is the width of the highway for vehicular traffc at this point. Driving from Beckley in the direction of Mt. Hope, the road is straight for a distance…