Legal Opinion

Dicken v. Liverpool Salt & Coal Co.

West Virginia Supreme Court

Decided December 7, 1895PublishedCited by 69 opinions

cited 36 W. Va. 329; 38 W. Va. 668; 62 N. II. 579; 90 Mo. 294; 83 Va. 355; 53 Conn. 474; 23 Kao. 358; 20 L. R. A. 714; Code of W. Va.

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cited 36 W. Va. 329; 38 W. Va. 668; 62 N. II. 579; 90 Mo. 294; 83 Va. 355; 53 Conn. 474; 23 Kao. 358; 20 L. R. A. 714; Code of W. Va. (1891) page 828; 144 U. S. 408. on the foil owing points (among others) cited: I.— This road on defendant's premises was open and uninclosed, as shown by the evidence, where children could easily go, and was in general use by the public, and, the plaintiff was on this road, or on the very edge of it at the time he was injured, and was in such a situation toward the defendant, its property and salt car, running over said tram road as to make it the duty of said,…

1Opinion of the Court

Holt, President:

On writ of error to a judgment of the Circuit Court of Mason county, rendered on the 30th day of November, 1893, for eighteen hundred dollars damages for injury done to the infant plaintiff.

Plaintiff, suing by his next /riend in trespass on the case, in his declaration and his amended declaration containing three counts averred in substance that the defendant, a corporation existing and doing business in this state under and by virtue of the laws thereof, was on the 30th day of May, 1892, the owner and operator of a certain horse tramway and carriages in the town of Hartford,…

2Cases cited3 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
  3. Boyd v. WoolwineWest Virginia Supreme Court · 1895

3Cited by69 opinions

  1. Robertson v. LeMasterWest Virginia Supreme Court · 1983
  2. Mallet v. PickensWest Virginia Supreme Court · 1999
  3. Strahin v. CleavengerWest Virginia Supreme Court · 2004
  4. Chicago City Railway Co. v. TuohyIllinois Supreme Court · 1902
  5. Hovermale v. Berkeley Springs Moose Lodge No. 1483West Virginia Supreme Court · 1980

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