Raines v. Chesapeake & O. R'y Co.
West Virginia Supreme Court
I. — On a motion to strike out all the evidence, the court should consider the evidence which is cts/ced to be excluded with all favor, and draw therefrom all the inferences it woidd be entitled to, if the party making the motion to exclude had demurred to the evidence. — 30 W. Ya. 228. II.— A motion by defendant to exclude the 'plaintiff’s evidence, upon the ground that it is not sufficient to warrant- a verdict in his favor, will not be granted, if there be any evidence,…
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I. — On a motion to strike out all the evidence, the court should consider the evidence which is cts/ced to be excluded with all favor, and draw therefrom all the inferences it woidd be entitled to, if the party making the motion to exclude had demurred to the evidence. — 30 W. Ya. 228. II.— A motion by defendant to exclude the 'plaintiff’s evidence, upon the ground that it is not sufficient to warrant- a verdict in his favor, will not be granted, if there be any evidence, which tends, in any degree, however slight, to prove the plaintiff’s case. If it tend to prove the plaintiff’s case in…
1Opinion of the Court
Holt, Judge:
1. This is an action of trespass on the case, brought in the Circuit Court of Kanawha county in February, 1892, by Maggie Raines, administratrix, against the Chesapeake & Ohio Railway Company for negligently .causing the death of her husband and intestate, John B. Raines, which suit resulted in a judgment for defendant, from which she has obtained this writ of error.
The declaration contains two counts,both good; and the demurrer of defendant was therefore properly overruled. The issue was joined on the plea of not guilty. A jury was impanelled and sworn, and having heard the…
2Cases cited5 opinions
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Spicer v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1890
- Nuzum v. Railway Co.West Virginia Supreme Court · 1887
- N. & W. R. R. v. Harman's AdministratorSupreme Court of Virginia · 1887
- Balt. & Ohio R. R. v. Sherman's Adm'xSupreme Court of Virginia · 1878
3Cited by43 opinions
- Yuncke v. WelkerWest Virginia Supreme Court · 1945
- Hartley v. CredeWest Virginia Supreme Court · 1954
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Hartley v. CredeWest Virginia Supreme Court · 1954
- Matthews v. Cumberland & Allegheny Gas Co.West Virginia Supreme Court · 1953
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