Watkins v. County Court
West Virginia Supreme Court
Statement of the case by Green, Judge : This was an action on the case, brought in the Circuit Court of Preston on March 16th, 1883, against the County Court of Preston, to recover for injuries sustained by the plaintiff by the falling upon him, while travelling along a public road in said county, of a dead tree which had been for many years standing within five feet of the edge of a road, in an inclosed field, which tree the surveyor of the road had for many years known was…
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Statement of the case by Green, Judge : This was an action on the case, brought in the Circuit Court of Preston on March 16th, 1883, against the County Court of Preston, to recover for injuries sustained by the plaintiff by the falling upon him, while travelling along a public road in said county, of a dead tree which had been for many years standing within five feet of the edge of a road, in an inclosed field, which tree the surveyor of the road had for many years known was so decayed as to be liable at any time to fall across the road. The plaintiff was severely injured on March 21st, 1882,…
1Opinion of the Court
GREEN, Jud&e :
The only legal question involved in this case is whether on March 22,1882, a County Court in this State was responsible to an individual in damages for an injury sustained by him from the falling on him oí a dead tree, while travelling along a public road in the county; it being shown that this dead tree had been standing in an inclosed field adjoining the public road, within five feet of the edge of the road, for many years, and that it had been known to the surveyor of the road for years that it was so much decayed that it might at any time fall across the road.
The County…
2Cases cited15 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
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- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
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3Cited by22 opinions
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