Legal Opinion

Van Pelt v. Town of Clarksburg

West Virginia Supreme Court

Decided June 5, 1896PublishedCited by 28 opinions

cited 19 ~W. Va. 323; 31 W. Va. 477, 842; 39 W. Va. 659; 40 W. Va. 484. cited Code, c. 43, s. 53; 16 W. Va. 307; 6 W. Va. 312; 19 W. Va. 323, 324; 23 W. Va. 14; 31 W. Va. 384, 476, 477, 842; Acts 1872, c. 194, s. 60; 32 W. Va. 55, 61; 35 ~W. Va. 406; S3 W. Va. 548; 37 W. Ya. 578: 39 W. Ya. 472; 30 W. Ya. 177; 37 W. Ya. 111.

1Opinion of the Court

BkaNnon, Judge:

Robert Yan Pelt obtained a judgment on a verdict for six hundred dollars against the town of Clarksburg, for injury received from a defect in one of its highways, and the town has sued out this writ of error.

• The injury was not received in one of the main streets, but in a turnpike road in the suburbs. There was a side ditch to drain the water from a hillside along this turnpike, and the town made a gutter to let the water from the ditch across the. road. This road was much used in hauling coal from two coal banks into the town, and for other purposes; and winter weather and…

2Cases cited4 opinions

  1. Turner v. . City of NewburghNew York Court of Appeals · 1888
  2. Yeager v. City of BluefieldWest Virginia Supreme Court · 1895
  3. Wilson v. City of WheelingWest Virginia Supreme Court · 1882
  4. Phillips v. Ritchie CountyWest Virginia Supreme Court · 1888

3Cited by28 opinions

  1. Taylor v. City of HuntingtonWest Virginia Supreme Court · 1944
  2. Parrish v. City of HuntingtonWest Virginia Supreme Court · 1905
  3. Boyland v. City of ParkersburgWest Virginia Supreme Court · 1916
  4. Patton v. City of GraftonWest Virginia Supreme Court · 1935
  5. Campbell v. City of ElkinsWest Virginia Supreme Court · 1905

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