Borderland Coal Co. v. Norfolk & Western Railway Co.
West Virginia Supreme Court
Case certified from Circuit Court, Mingo County. Action by the Borderland Coal Company against the Norfolk & Western Railway Company. Objection to special plea to declaration, and motion to strike out such plea overruled, and the ruling certified.
1Opinion of the Court
POEEENBARGER, JUDGE:
Having overruled an objection to a special plea to a declaration filed against the Norfolk and Western Railway Company, in an action for damages for injury to a mule and a cart and harness, by one of its trains, on a private siding, and a motion to strike it out, the judge of the Circuit Court of Mingo County has certified the question of the sufficiency of said plea and his rulings thereon to this court for review of his decision.
The siding, was constructed for use in connection with the plaintiff’s coal mine,’ under an agreement obligating the plaintiff, among other…
2Cases cited2 opinions
- Johnson's Adm'x v. Richmond & Danville R. R.Supreme Court of Virginia · 1890
- Keystone Manufacturing Co. v. HinesWest Virginia Supreme Court · 1920
3Cited by7 opinions
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- Piso v. Weirton Steel Co.Superior Court of Pennsylvania · 1975
- Ætna Ins. v. Atlantic Coast Line R.Court of Appeals for the Fourth Circuit · 1935
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