Legal Opinion

Turk v. Norfolk & Western Railway Co.

West Virginia Supreme Court

Decided February 16, 1915PublishedCited by 13 opinions

Error to Circuit Court, McDowell County. Action by Morris Turk against the Norfolk & Western Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

MilleR, Judge :

Action by plaintiff for injuries sustained while a passenger on defendant’s railway, in consequence of an alleged unlawful assault.upon him by defendant’s servants and his unlawful arrest and removal by them from the railway ears, and imprisonment in a certain lockup or prison.

On the trial the jury returned a verdict for plaintiff for $500.00 compensatory damages, and $1,000.00 punitive damages, and the aggregate verdict of $1,500.00, and on which the court pronounced the judgment complained of on this writ of error.

The first point of error is that the declaration is bad on…

2Cases cited12 opinions

  1. Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MillerIndiana Supreme Court · 1898
  3. Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891
  4. Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
  5. Claiborne v. Chesapeake & O. Ry. Co.West Virginia Supreme Court · 1899

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Stone v. RudolphWest Virginia Supreme Court · 1944
  2. Terry v. Zions Cooperative Mercantile InstitutionUtah Supreme Court · 1979
  3. Brogan v. Union Traction Co.West Virginia Supreme Court · 1915
  4. Jones v. HebdoWest Virginia Supreme Court · 1921
  5. Pierce's v. B. & O. RailroadWest Virginia Supreme Court · 1925

8 more not listed; retrieve them via the Exa API.

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