Washington v. B. & O. R. R.
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Jefferson, rendered on the 28th day of March, 1878, in an'action at law, in which Ella B. Washington was plaintiff and The B. & O. B. B. Co. was defendant, allowed upon the petition of said company. Hon. John Blair Hoge, late judge of the third judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Jefferson, rendered on the 28th day of March, 1878, in an'action at law, in which Ella B. Washington was plaintiff and The B. & O. B. B. Co. was defendant, allowed upon the petition of said company. Hon. John Blair Hoge, late judge of the third judicial circuit, rendered the judgment complained of. Green, PRESIDENT, furnishes the following statement of the case: On August 29, 1874, Ella B. Washington instituted in the circuit court of Jefferson county an action on the case against The Baltimore and Ohio Bailroad…
1Opinion of the Court
GreeN, President,
announced the opinion of the Court:
This record imposes on the court the duty of determining what is negligence, and when the court should *196instruct the jury what acts of commission or omission as a question of law amount to negligence, and when it should confine itself to instructing the jury generally what constitutes negligence generally, and then leave it to the jury to determine, whether the. evidence taken altogether proves negligence, without attempting to influence the jury by saying that certain acts would or would not amount to negligence; and also to determine, what…
2Cases cited46 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Robinson v. ConeSupreme Court of Vermont · 1850
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3Cited by84 opinions
- Bradley v. Appalachian Power Co.West Virginia Supreme Court · 1979
- Hartley v. CredeWest Virginia Supreme Court · 1954
- Hartley v. CredeWest Virginia Supreme Court · 1954
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Strahin v. CleavengerWest Virginia Supreme Court · 2004
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