Legal Opinion · Dissent

Bias v. Chesapeake & Ohio Railway Co.

West Virginia Supreme Court

Decided April 15, 1899Published

Error to Circuit Court, Cabell County. Action by John E. Bias, administrator, against the Chesapeake and Ohio Railway Company. Judgment for plaintiff, and defendant brings error.

1Dissent

BRANNON, Judge:

(dissenting.)

Still holding the views I expressed in Couch v. Railway Co. 45 W. Va. 51, (30 S. E. 147), I must say I would/ reverse the judgment. The company is held liable because it did not keep a sufficient lookout to discover persons on its track. The great volume of decisions agrees with 3 Elliott, R. R. section 1257, that “it is generally,, and, we think, correctly, held that a railroad company is not bound to keep a lookout for tres-nassers on the track.” 19 Am. & Eng. Enc. Law, 935; Ward v. Pacific Co. (Or.) 36 Paer 166; Burg v. Railroad Co., (Iowa) 57 N. W. 680; Spicer…

2Cases cited8 opinions

  1. Burg v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
  2. Gunn v. Ohio River R.West Virginia Supreme Court · 1896
  3. Spicer v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1890
  4. City of Evansville v. SenhennIndiana Supreme Court · 1897
  5. Norfolk & Western R. v. Dunnaway's Adm'rSupreme Court of Virginia · 1896

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