Legal Opinion

Bias v. Chesapeake & Ohio Railway Co.

West Virginia Supreme Court

Decided April 15, 1899PublishedCited by 7 opinions

Error to Circuit Court, Cabell County. Action by John E. Bias, administrator, against the Chesapeake and Ohio Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

DENT, PRESIDENT:

“On the 12th day of July, 1897, plaintiff’s intestate, Clara Edna Bias, an infant, about fifteen months old, had strayed away from the home of its parents, which was *351about 50 yards away, and’ gotten upon the track of the defendant, near Wilson’s Station, a flag stop between G-uy-andotte and Barboursville, at about 7 o’clock in the evening, and was struck by defendant’s local passenger train No. 13, going west, and afterwards, on the 16th, died. The train was running at the rate of between 45 and 48 miles an hour when the child was discovered on the track, about 150 to 200…

2Cases cited11 opinions

  1. Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
  2. Raines v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
  3. Poling v. Ohio River R.West Virginia Supreme Court · 1893
  4. Gunn v. Ohio River R.West Virginia Supreme Court · 1896
  5. Schwartz v. ShullWest Virginia Supreme Court · 1898

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3Cited by7 opinions

  1. Dickinson v. Stuart Colliery Co.West Virginia Supreme Court · 1912
  2. Huff v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1900
  3. Bralley v. Norfolk & Western Ry. Co.West Virginia Supreme Court · 1909
  4. Ray v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1905
  5. Virginian Railway Company, a Corporation v. James Ernest Rose, an Infant, by Ernest Rose, His Next Friend, and Ernest Rose and Janice RoseCourt of Appeals for the Fourth Circuit · 1959

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