Legal Opinion

Donald v. Long Branch Coal Co.

West Virginia Supreme Court

Decided April 20, 1920PublishedCited by 33 opinions

Error to Circuit Court, Fayette County. Action by May 'Donald, an infant, suing by her next friend, against the- Long Branch Coal Company. Verdict for plaintiff was set aside, and the new trial granted, and plaintiff brings error.

1Opinion of the Court

Williams, Pkesident :

May Donald, an infant suing by next friend, recovered a verdict against the LOng Branch Coal Co., a corporation, for $19,000 damages for a personal injury, and on motion of defendant the court set aside the verdict and granted defendant a new trial. To that judgment the plaintiff obtained this writ of error.

Defendant operates a coal mine and dinky railroad leading from the drift mouth of the mine to its tipple located about 4,000 feet from the drift mouth. Plaintiff is the step-daughter of Tobe Pinkerton, one of defendant’s employees and lived with him in one of…

2Cases cited2 opinions

  1. Schwartz v. ShullWest Virginia Supreme Court · 1898
  2. Smith v. Sunday Creek Co.West Virginia Supreme Court · 1914

3Cited by33 opinions

  1. Hartley v. CredeWest Virginia Supreme Court · 1954
  2. Hartley v. CredeWest Virginia Supreme Court · 1954
  3. Matthews v. Cumberland & Allegheny Gas Co.West Virginia Supreme Court · 1953
  4. Riffe v. ArmstrongWest Virginia Supreme Court · 1996
  5. Webb v. SesslerWest Virginia Supreme Court · 1950

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