Fisher v. West Virginia & P. R.
West Virginia Supreme Court
I. — Instructions not based on evidence irrelevant. — 10 Gratt. 13; 11 Gratt. 587; 31 W. Va. 683 and 684; 10 Gratt. 236; 26 Gratt. 594 ; 1 Bart. L. P. 2, 656, note 5.' II. — The established facts in the case do not justify charge of negligence against defendant. — 54 Am. and Eng. R. cases, 640 and cases cited. III. — Defendant has right to prescribe reasonable rules for its business. — Bns. Law Pers. Iuj. § 156 and cases cited.
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I. — Instructions not based on evidence irrelevant. — 10 Gratt. 13; 11 Gratt. 587; 31 W. Va. 683 and 684; 10 Gratt. 236; 26 Gratt. 594 ; 1 Bart. L. P. 2, 656, note 5.' II. — The established facts in the case do not justify charge of negligence against defendant. — 54 Am. and Eng. R. cases, 640 and cases cited. III. — Defendant has right to prescribe reasonable rules for its business. — Bns. Law Pers. Iuj. § 156 and cases cited. IV. — No right of recovery token passenger exposes himself to danger. — Patt. R. Acc. 272 and 273; 2 Beach Law of R. §§ 860 and 993; Beach Con. Reg. 149; 11 S. E. Rep.…
1Opinion of the Court
English, Judge :
This was an action of trespass on the case brought by John II. Eisher, an infant acting by his next friend, John S. Eisher, against the West Virginia & Pittsburg Railroad Company in the Circuit Court of Lewis county, to recover from the defendant damages alleged to have been occa.ion-ed by the negligence of the defendant in carrying the plaintiff as a passenger over its road from the town of Weston to the town of Buckhannon in this state. The defendant appeared at rules, demurred to the declaration and pleaded not guilty; also filed a special plea in writing setting up therein…
2Cases cited20 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- State v. EvansWest Virginia Supreme Court · 1890
- McKelvey v. Ches. & Ohio R'y Co.West Virginia Supreme Court · 1891
- Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
- Southern Railroad v. KendrickMississippi Supreme Court · 1866
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Mylius v. Raine-Andrew Lumber Co.West Virginia Supreme Court · 1911
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- Cleveland, Etc., Railway Co. v. MoneyhunIndiana Supreme Court · 1896
- Abdulla v. Pittsburgh and Weirton Bus Co.West Virginia Supreme Court · 1975
- Wheeler v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1900
16 more not listed; retrieve them via the Exa API.