Legal Opinion

Hess v. Marinari

West Virginia Supreme Court

Decided January 22, 1918PublishedCited by 28 opinions

Error to Circuit Court, McDowell County. Action by Morgan Hess against Patsy Marinari and others. Judgment for plaintiff, and defendants bring error. Reversed and remanded for a new trial.

1Opinion of the Court

Ritz, Judge:

This suit is prosecuted for the purpose, of recovering damages for an assault alleged to have been committed by the defendants upon the plaintiff. The defendant Patsy Marinari owned and conducted a store, and his co-defendant Consino Constantino was employed by Marinari as a salesman in the store. On the evening that the assault complained of is alleged to have been committed there was quite a number of people congregated in Marinari’s store, most of whom appear to have been Italians, to which race both Marinari and Constantino belonged. The plaintiff, together with three or *502four…

2Cases cited6 opinions

  1. Lander v. SeaverSupreme Court of Vermont · 1859
  2. Claiborne v. Chesapeake & O. Ry. Co.West Virginia Supreme Court · 1899
  3. Allen v. LopinskyWest Virginia Supreme Court · 1917
  4. Goldsmith's Admr. v. JoySupreme Court of Vermont · 1889
  5. Hein v. HoldridgeSupreme Court of Minnesota · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Horton v. TyreeWest Virginia Supreme Court · 1927
  2. Perry v. MeltonWest Virginia Supreme Court · 1982
  3. Wells v. SmithWest Virginia Supreme Court · 1982
  4. Hensley v. Erie Insurance Co.West Virginia Supreme Court · 1981
  5. Lawrence v. NelsonWest Virginia Supreme Court · 1960

23 more not listed; retrieve them via the Exa API.

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