Legal Opinion

Kennedy v. Glen Alum Coal Co.

West Virginia Supreme Court

Decided June 24, 1913PublishedCited by 6 opinions

Error to Circuit Court-, Mingo County. • Action by Lorenzo Dow Kennedy, by his next friend, against the Glen Alum Coal Company. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Williams, Judge:

Plaintiff, an infant under the age of fourteen years, was employed as trapper in defendant’s coal mine, and received an injury, for which he sued and recovered a judgment for two hundred dollars. He moved' to set the verdict aside on the ground that it was wholly inadequate, and the court *636overruled his motion, and entered judgment on the verdict, and he obtained this writ of error.

Section 15, of chapter 131, of the Code of West Virginia, (1906), permits a new trial to be granted as well when the damages recovered are too small as when they are excessive. The only question we…

2Cases cited5 opinions

  1. Dowd v. Westinghouse Air Brake Co.Supreme Court of Missouri · 1896
  2. Robinson v. Town of WaupacaWisconsin Supreme Court · 1890
  3. Kalembach v. Michigan Central RailroadMichigan Supreme Court · 1891
  4. DeFreitas v. NunesAppellate Court of Illinois · 1906
  5. Marcus v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1909

3Cited by6 opinions

  1. Richmond v. CampbellWest Virginia Supreme Court · 1964
  2. Hall v. GrovesWest Virginia Supreme Court · 1967
  3. Gibbard v. EvansWest Virginia Supreme Court · 1921
  4. Parsons v. County Court of Roane CountyWest Virginia Supreme Court · 1922
  5. Koontz v. WhitneyWest Virginia Supreme Court · 1930

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