Legal Opinion

Mott v. Davis

West Virginia Supreme Court

Decided March 28, 1922PublishedCited by 6 opinions

Error to Circuit Court, Mineral County. Action by Mary R. Harness, administratrix of- the estate of C. E. Harness, deceased, against the Baltimore & Ohio Railroad Company and Walker D. Hines, Director General of Railroads, in which L. 0. Mott, as administrator,, was substituted for the plaintiff and James Davis, Agent, etc., was substituted for the defendant Walker D. Hines and for the Railroad Company..

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Error to Circuit Court, Mineral County. Action by Mary R. Harness, administratrix of- the estate of C. E. Harness, deceased, against the Baltimore & Ohio Railroad Company and Walker D. Hines, Director General of Railroads, in which L. 0. Mott, as administrator,, was substituted for the plaintiff and James Davis, Agent, etc., was substituted for the defendant Walker D. Hines and for the Railroad Company.. Verdict of not guilty and judgment of nil capiat against the plaintiff and the plaintiff brings error,

1Opinion of the Court

Miller, Judge:

The.case on the present.hearing is substantially the same *617as to pleadings and proofs as when presented on a former writ of error, then styled Mary R. Harness, Adm’x. v. Baltimore & Ohio Railroad, Company et al., reported in 86 W. Va. 284. On the last trial in the circuit court the name of the present plaintiff was substituted for that of Mary R. Harness, Administratrix, and the name of the present defendant for that of Baltimore & Ohio Railroad Company et al., due to the change in the director general or agent designated by the President pursuant to the Transportation Act of…

2Cases cited8 opinions

  1. Chesapeake & Ohio Railway Co. v. ProffittSupreme Court of the United States · 1916
  2. State v. ClarkWest Virginia Supreme Court · 1902
  3. State v. SniderWest Virginia Supreme Court · 1918
  4. State v. MannsWest Virginia Supreme Court · 1900
  5. Alabama Consolidated C. & I. Co. v. HealdSupreme Court of Alabama · 1911

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3Cited by6 opinions

  1. Frampton v. Consolidated Bus Lines, Inc.West Virginia Supreme Court · 1950
  2. Smith v. Edward M. Rude Carrier Corp.West Virginia Supreme Court · 1966
  3. Payne v. Virginian Railway Co.West Virginia Supreme Court · 1948
  4. Chicago, R. I. & G. Ry. Co. v. HammondCourt of Appeals of Texas · 1926
  5. Shaffer v. Western Maryland Railway Co.West Virginia Supreme Court · 1923

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