Legal Opinion

Cooper v. P. C. & St. L. R. Co.

West Virginia Supreme Court

Decided April 19, 1884PublishedCited by 24 opinions

Woods, Judge, furnishes tli e following stilt cm ent of the case: This was an action of trespass on the case, brought by James W. Cooper, as the administrator of William Patton deceased, against- the Pittsburgh Cincinnati and St. Louis Railway Company, to recover damages for the negligence of the defendant whereby the said Patton lost his life.

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Woods, Judge, furnishes tli e following stilt cm ent of the case: This was an action of trespass on the case, brought by James W. Cooper, as the administrator of William Patton deceased, against- the Pittsburgh Cincinnati and St. Louis Railway Company, to recover damages for the negligence of the defendant whereby the said Patton lost his life. The declaration alleges that the defendant was a corporation operating a line of railroad in the county of Brooke in this State, and also a line of railroad through the State of Ohio, connecting with'said line of railroad through said county of Brooke;…

1Opinion of the Court

Woods, Judge:

The evidence on behalf of the plaintiff consisted of the statements of fellow-servants of the deceased, who were on the train at the time the accident occurred which caused his death, and they testify as to all the circumstances preceding and attending it, which tended strongly to show that the deceased before and at the time of his death was employed by, and was in the actual sendee of the dofendant'upou the freight train in the declaration mentioned, then on its way through the State of Ohio and through the county of Brooke in this State to the city of Pittsburgh; that on the…

2Cases cited8 opinions

  1. Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
  2. Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
  3. Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
  4. Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
  5. Ryan v. . FowlerNew York Court of Appeals · 1862

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3Cited by24 opinions

  1. Norfolk & Western R. v. AmpeySupreme Court of Virginia · 1896
  2. Taylor v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1889
  3. Lipscomb's Adm'r v. CondonWest Virginia Supreme Court · 1904
  4. Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
  5. Woodell v. West Virginia Improvement Co.West Virginia Supreme Court · 1893

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