Tompkins v. Kanawha Board
West Virginia Supreme Court
Motion to dismiss a writ of error and supersedeas which had been allowed by this Court in an action on the case pending in the circuit court of the county of Kanawha, wherein William H. Tompkins was plaintiff, and the Kanawha Board was defendant, allowed upon the petition of said Board.
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Motion to dismiss a writ of error and supersedeas which had been allowed by this Court in an action on the case pending in the circuit court of the county of Kanawha, wherein William H. Tompkins was plaintiff, and the Kanawha Board was defendant, allowed upon the petition of said Board. The motion was made by the said Tompkins. • The facts of the case are stated in the opinion of the Court. cited the following authorities: Acts of Ya. 1829 pp. 50, 52; Session Acts of Ya. 1832-3 p. 73; Session Acts of Va. 1857-8 p. 93; Acts of Va. 1862 p. 53; Id. p. 64; Id. p. 151; 'Acts of W. Va. 1869 p. 75;…
1Opinion of the Court
JOHNSON, PRESIDENT,
announced the opinion of the Court:
W. H. Tompkins brought an action on the case against the Kanawha Board for an injury to his property occasioned, as he alleges in his declaration, by the negligence of the defendant. After alleging in his declaration the incorporation of the defendant and its duties, and that under its charter it was required to keep the channel of the Kanawha river at the place, where the injury occurred, free from obstructions, and *259the damage suffered by him &c., proceeds : “And the plaintiff avers, that said barge and said one thousand five hundred…
2Cases cited2 opinions
- Lansing v. SmithNew York Supreme Court · 1828
- James River & Kanawha Co. v. EarlySupreme Court of Virginia · 1856
3Cited by20 opinions
- Pittsburgh Elevator Co. v. West Virginia Board of RegentsWest Virginia Supreme Court · 1983
- Manchin v. BrowningWest Virginia Supreme Court · 1982
- City of Morgantown v. DuckerWest Virginia Supreme Court · 1969
- Mahone v. State Road CommissionWest Virginia Supreme Court · 1925
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
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