Barber v. Spencer State Hospital
West Virginia Supreme Court
Certified questions from Circuit Court, Roane County. Action by Zella Barber, administratrix of the estate of Alonzo Barber, deceased, against the Spencer State Hospital. A demurrer to the declaration was sustained, and the questions certified.
1Opinion of the Court
MEREDITH, PRESIDENT:
Zella Barber, administratrix of the estate of Alonzo Barber,, deceased, sues to recover damages for the wrongful death of her decedent. She names as defendant the ‘ ‘ Spencer State Hospital (formerly Second Hospital for the Insane), a corporation. ’ ’
She charges that while the decedent was employed by defendant in operating a motor tractor on the State Farm in Mason County, the defendant negligently permitted the tractor and certain of its parts to become and remain insecure and unsafe; that while the tractor was in such condition, the decedent, acting under instructions…
2Cases cited4 opinions
- Miller Supply Co. v. State Board of ControlWest Virginia Supreme Court · 1913
- Miller v. State Board of AgricultureWest Virginia Supreme Court · 1899
- State ex rel. Gordon v. State Board of ControlWest Virginia Supreme Court · 1920
- Tompkins v. Kanawha BoardWest Virginia Supreme Court · 1881
3Cited by16 opinions
- City of Morgantown v. DuckerWest Virginia Supreme Court · 1969
- Mahone v. State Road CommissionWest Virginia Supreme Court · 1925
- Douglass v. KoontzWest Virginia Supreme Court · 1952
- Ward v. County Court of Raleigh CountyWest Virginia Supreme Court · 1956
- Woodford v. Glenville State College Housing Corp.West Virginia Supreme Court · 1976
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