Vaughan Construction Co. v. Virginian Railway Co.
West Virginia Supreme Court
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
- Sims v. Carpenter, Frazier & Co.West Virginia Supreme Court · 1910
- Fuccy v. Coal & Coke Ry. Co.West Virginia Supreme Court · 1914
- Vaughan Construction Co. v. Virginian Railway Co.West Virginia Supreme Court · 1918
3Cited by9 opinions
- Kansas City Bridge Co. v. StateSouth Dakota Supreme Court · 1933
- State Highway Commission v. Green-Boots Const. Co.Supreme Court of Oklahoma · 1947
- Hager v. Exxon Corp.West Virginia Supreme Court · 1978
- Pasquale v. Ohio Power Co.West Virginia Supreme Court · 1991
- Ligon v. Godfrey L. Cabot, Inc.West Virginia Supreme Court · 1941
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