Legal Opinion

Wilson v. Valley Improvement Co.

West Virginia Supreme Court

Decided November 21, 1911PublishedCited by 14 opinions

Error to Circuit Court, Randolph County. Action by Percy H. Wilson by his next friend, against the Valley Improvement Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

POEBENBARGER, JUDGE:

The defendant in error, a minor, suing by his next friend, ' *779recovered a judgment for $1,941.67 against the plaintiff in error, as damages for a personal injury, upon a legal theory which presents a case, differing from any heretofore decided by this Court.

Though the servant of the defendant below, he was a special servant of a third party at the time of the injury and incurred it on the premises and in the service of the special, not the general, master. Under such circumstances, recovery is ordinarily sought from the former, but, in this instance, the injured servant has…

2Cases cited19 opinions

  1. Devlin v. . SmithNew York Court of Appeals · 1882
  2. Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
  3. McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
  4. Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
  5. Hasty v. SearsMassachusetts Supreme Judicial Court · 1892

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

3Cited by14 opinions

  1. New v. McMillanSupreme Court of Oklahoma · 1920
  2. Hicks v. Peninsula Lumber Co.Oregon Supreme Court · 1923
  3. City of Tulsa v. RandallSupreme Court of Oklahoma · 1935
  4. Roberts v. Kelly Axe & Tool Co.West Virginia Supreme Court · 1929
  5. Atkinson v. Corriher Mills Co.Supreme Court of North Carolina · 1931

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

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