Nuzum v. Railway Co.
West Virginia Supreme Court
Statement of the case by Woods. Judge : This is an action brought in the Circuit Court of Ohio county by Frank P. Nuzum, administrator of George Bunfill, for the use of his widow and only child, against the Pittsburgh, Cincinnati & St. Louis Railway Company, for the recovery of damages for causing the death of plaintiff’s intestate by the negligence of the defendant’s servants and agents. The declaration contains three counts.
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Statement of the case by Woods. Judge : This is an action brought in the Circuit Court of Ohio county by Frank P. Nuzum, administrator of George Bunfill, for the use of his widow and only child, against the Pittsburgh, Cincinnati & St. Louis Railway Company, for the recovery of damages for causing the death of plaintiff’s intestate by the negligence of the defendant’s servants and agents. The declaration contains three counts. The úrst count avers that the defendant, in the county of Ohio, on the fifth of December, 1881, on the track of a certain railroad running within the corporate limits…
1Opinion of the Court
Woods, Judge:
The plaintiff in error assigns as error (1) the action of the court in setting aside the verdict in his favor for $3,000.00; (2) in excluding from the jury the evidence introduced by him on the third trial of the issue, and directing the jury to render a verdict in favor of the defendant; and (3) in refusing to set this last verdict aside, and grant him a new trial.
The evidence introduced by the plaintiff on the last trial consisted of the admissions of the defendant made in open court, as aiready set forth, and the testimony of sundry witnesses, all of which is fully set forth…
2Cases cited10 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- The Steamboat Clipper v. LoganOhio Supreme Court · 1849
- State v. FlanaganWest Virginia Supreme Court · 1885
- Peabody Ins. v. Wilson & BeasleyWest Virginia Supreme Court · 1887
- Muhleman v. National Insurance Co.West Virginia Supreme Court · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Walker v. RobertsonWest Virginia Supreme Court · 1956
- Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
- Raines v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Woodell v. West Virginia Improvement Co.West Virginia Supreme Court · 1893
- Spicer v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1890
20 more not listed; retrieve them via the Exa API.