City of Elkins v. Western Maryland Railway Co.
West Virginia Supreme Court
Error to Circuit Court, Randolph County. Action by the city of Elkins against the Western Maryland Railway Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
Miller, Judge:
The court below, on motion of defendant, struck out all of plaintiff’s evidence, directed a verdict for defendant, and pronounced the judgment complained of, that plaintiff take nothing by its action.
The action was to recover the value of a horse, belonging to plaintiff, alleged to have been negligently run over and killed, at a public crossing, by one of defendant’s engines in charge of its servants.
The horse, at the time it was injured, was in charge of, and being driven by two of plaintiff’s servants, in hauling road material across the railway tracks of defendant, to one of…
2Cases cited11 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Malott v. HawkinsIndiana Supreme Court · 1902
- Southern Railway Co. v. Bryant's Adm'rSupreme Court of Virginia · 1897
- Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
- Seefeld v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Davis v. BoggsArizona Supreme Court · 1921
- Cavendish v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1924
- Krodel v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1925
- Perry v. . R. R.Supreme Court of North Carolina · 1920
- Robinson v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1922
22 more not listed; retrieve them via the Exa API.