Legal Opinion

Simpson v. Carter Coal Co.

West Virginia Supreme Court

Decided December 5, 1916PublishedCited by 5 opinions

Error to Circuit Court, McDowell County. Action by Eoy Simpson against the Carter Coal Company. There was a judgment for plaintiff, and defendant brings error.

1Opinion of the Court

'Williams, PRESIDENT:

On the morning of August 10, 1913, Roy Simpson, an employe of defendant, was riding on a trip of loaded cars from the drift mouth to the coal tipple, when a wreck occurred, and one of his legs was so badly crushed that amputation was necessary. He recovered a judgment for $2,500, and defendant brings error.

The sufficiency of the declaration was challenged by demurrer, which was overruled, and we think properly so. The drift mouth is a mile or more from the tipple, near which plaintiff and some of the other miners lived. The declaration avers that, in order to go quickly…

2Cases cited9 opinions

  1. Texas & New Orleans Railroad v. KellyCourt of Appeals of Texas · 1903
  2. Lay v. Elk Ridge Coal & Coke Co.West Virginia Supreme Court · 1908
  3. Parkinson Sugar Co. v. RileySupreme Court of Kansas · 1893
  4. Thomas v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1909
  5. Petry v. Cabin Creek Consolidated Coal Co.West Virginia Supreme Court · 1916

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

3Cited by5 opinions

  1. Harness v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1920
  2. Great Southern Lumber Co. v. HamiltonMississippi Supreme Court · 1924
  3. Shaffer v. Western Maryland Railway Co.West Virginia Supreme Court · 1923
  4. Mott v. DavisWest Virginia Supreme Court · 1922
  5. Norris v. ACF Industries, Inc.District Court, S.D. West Virginia · 1985

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API