Legal Opinion

McClure v. Norfolk & Western Railway Co.

West Virginia Supreme Court

Decided February 25, 1919PublishedCited by 6 opinions

Error to Circuit Court, Wayne County. Action by L. E. McClure and F. E. Way, receivers of the Kenova Poplar Manufacturing Company, against the Norfolk & Western Railway Company. Judgment for plaintiffs, and defendant brings error.

1Opinion of the Court

Williams, Judge:

This writ of error was awarded the Norfolk & Western Railway Company to a judgment recovered by L. E. McClure and F. E. Way, receivers of the Kenova Poplar Man-, ufacturing Company, a corporation, in an action of assump-sit against it to recover the value of two carloads of dressed lumber, which plaintiffs say was delivered to the defendant at Kenova, West Virginia, on the 22nd of July, 1911, to be transported to the City of Detroit, Michigan. There is a private siding leading from defendant’s belt line in Kenova into *474plaintiffs’ manufacturing plant and lumber yards. On tbe…

2Cases cited2 opinions

  1. Berry v. West Virginia & P. R.West Virginia Supreme Court · 1898
  2. Jolly v. Atchison, Topeka & Santa Fe Railway Co.California Court of Appeal · 1913

3Cited by6 opinions

  1. Yazoo & Mississippi Valley Railroad v. Nichols & Co.Supreme Court of the United States · 1921
  2. Atlantic Coast Line Railroad v. Wilson & Toomer Fertilizer Co.Supreme Court of Florida · 1925
  3. State ex rel. Boswell v. HaymondWest Virginia Supreme Court · 1919
  4. Annese v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1921
  5. Yazoo & M. V. R. R. v. Nichols & Co.Mississippi Supreme Court · 1919

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