Legal Opinion

Vaughan Construction Co. v. Virginian Railway Co.

West Virginia Supreme Court

Decided May 11, 1920PublishedCited by 9 opinions

Error to Circuit Court, Mercer County. Action by the Vaughan Construction Company against the Virginian Railway Company. Verdict for plaintiff, and from a judgment setting it aside, and granting defendant a new trial, plaintiff brings error.

1Opinion of the Court

Miller, Judge:

A writ of error by plaintiff to the judgment below, pronounced on August 30,1919, setting aside the verdict of the jury in its favor for $76,963.32, and the special findings of the jury in answen to special interrogatories submitted to' them by the court, and granting defendant a new trial.

Plaintiff, the principal contractor, sued defendant in assump-sit, on the common counts, laying its damages at $125,000:00, the several items in the bill of particulars filed aggregating with interest added $101,403.43. The first fourteen items of this account, aggregating $45,781.70, cover…

2Cases cited3 opinions

  1. Sims v. Carpenter, Frazier & Co.West Virginia Supreme Court · 1910
  2. Fuccy v. Coal & Coke Ry. Co.West Virginia Supreme Court · 1914
  3. Vaughan Construction Co. v. Virginian Railway Co.West Virginia Supreme Court · 1918

3Cited by9 opinions

  1. Kansas City Bridge Co. v. StateSouth Dakota Supreme Court · 1933
  2. State Highway Commission v. Green-Boots Const. Co.Supreme Court of Oklahoma · 1947
  3. Hager v. Exxon Corp.West Virginia Supreme Court · 1978
  4. Pasquale v. Ohio Power Co.West Virginia Supreme Court · 1991
  5. Ligon v. Godfrey L. Cabot, Inc.West Virginia Supreme Court · 1941

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