Legal Opinion

Booth v. Baltimore & Ohio Railroad

West Virginia Supreme Court

Decided November 9, 1915PublishedCited by 12 opinions

Error to Circuit Court, Harrison County. Action by Mattie Booth against the Baltimore & Ohio Railroad Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Lynch, Judge-.

For the négligent infliction of injuries by the defendant railroad, plaintiff brought this action, and recovered a judgment upon a verdict for $1,500.

The evidence being contradictory and conflicting, the case properly was submitted to the jury, with whose finding we can not interfere unless palpably wrong; and we do not so find it.' The only questions argued by counsel relate to the giving of instructions alleged to be erroneous. In order to understand and test the propriety or correctness of the instructions, only a brief analysis of such evidence is necessary.

At the time of…

2Cases cited2 opinions

  1. Riley v. W. Va. Cent. & P. Railway Co.West Virginia Supreme Court · 1885
  2. Warth v. County Court of Jackson CountyWest Virginia Supreme Court · 1912

3Cited by12 opinions

  1. Sawyer v. BaileySupreme Judicial Court of Maine · 1980
  2. Butcher v. Superior CourtCalifornia Court of Appeal · 1983
  3. Rademacher v. TorbensenAppellate Division of the Supreme Court of the State of New York · 1939
  4. Tremblay v. CarterDistrict Court of Appeal of Florida · 1980
  5. Laws v. GriepSupreme Court of Iowa · 1983

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