Wilson v. Valley Improvement Co.
West Virginia Supreme Court
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
- Devlin v. . SmithNew York Court of Appeals · 1882
- Coughtry v. . Globe Woolen Co.New York Court of Appeals · 1874
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
- Hasty v. SearsMassachusetts Supreme Judicial Court · 1892
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- New v. McMillanSupreme Court of Oklahoma · 1920
- Hicks v. Peninsula Lumber Co.Oregon Supreme Court · 1923
- City of Tulsa v. RandallSupreme Court of Oklahoma · 1935
- Roberts v. Kelly Axe & Tool Co.West Virginia Supreme Court · 1929
- Atkinson v. Corriher Mills Co.Supreme Court of North Carolina · 1931
9 more not listed; retrieve them via the Exa API.