Legal Opinion

Hysell v. Central City

West Virginia Supreme Court

Decided March 7, 1911PublishedCited by 5 opinions

Error to Circuit Court, Cabell County. Action by Martha L. Hysell against the city of Central City. « Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Miller, Judge: -

The declaration in this case was, on a former hearing here, Held good on demurrer, and the case was remanded for trial. Hysell v. Central City, 64 W. Va. 133. On the trial below plaintiff obtained a verdict and judgment for $5,000.00.

On this writ of error we are called upon to test the right of *770recovery, not upon the pleadings, but upon the facts proven on the trial. Dfc> the undisputed facts proven make out a good cause of action?

These facts are few. Hysell, the decedent, was a teamster, of experience, employed in the City of Huntington, in driving a large brewery wagon. He…

2Cases cited8 opinions

  1. Yeager v. City of BluefieldWest Virginia Supreme Court · 1895
  2. Van Pelt v. Town of ClarksburgWest Virginia Supreme Court · 1896
  3. Shriver v. County Court of Marion CountyWest Virginia Supreme Court · 1910
  4. Phillips v. Ritchie CountyWest Virginia Supreme Court · 1888
  5. Slaughter v. City of HuntingtonWest Virginia Supreme Court · 1908

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Kahn v. American Railway Express Co.West Virginia Supreme Court · 1921
  2. Jones v. City of ManningtonWest Virginia Supreme Court · 1964
  3. Daniels v. County Court of Randolph CountyWest Virginia Supreme Court · 1911
  4. Menafee v. Monongahela Railway Co.West Virginia Supreme Court · 1929
  5. Paugh v. City of ParsonsWest Virginia Supreme Court · 1914

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