Legal Opinion

McCormick v. Southern Express Co.

West Virginia Supreme Court

Decided October 16, 1917PublishedCited by 5 opinions

Error to Circuit Court, Jefferson County. Assumpsit by H. H. McCormick against the Southern Express Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Williams, Judge:

Plaintiff recovered judgment in assumpsit for $300.00, the value of one Dark Cornish Cock which was killed while being transported by defendant company from Warrenton, Vir-« ginia, to Catonsville, Maryland, and it has brought the case to this court for review of alleged errors.

The first assignment is, that the court erred in allowing plaintiff to have the return of the summons amended, and in holding the service valid. Suit was brought in Jefferson county, West Virginia, and summons was served on D. N. Green, the station agent of defendant at Charles Town, West Virginia, but…

2Cases cited3 opinions

  1. Railroad Company v. HarrisSupreme Court of the United States · 1871
  2. Abell v. Penn Mutual Life InsuranceWest Virginia Supreme Court · 1881
  3. Humphreys v. Newport News & M. V. Co.West Virginia Supreme Court · 1889

3Cited by5 opinions

  1. Hubbard Grocery Co. v. PayneWest Virginia Supreme Court · 1923
  2. Lindenburg v. American Railway Express Co.West Virginia Supreme Court · 1921
  3. Ruff v. Manhattan Oil Co.Supreme Court of Minnesota · 1927
  4. Tioga Coal Corp. v. SilmanWest Virginia Supreme Court · 1942
  5. Gridelli v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1924

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