Legal Opinion

Fisher v. Flanagan Coal Co.

West Virginia Supreme Court

Decided May 11, 1920PublishedCited by 7 opinions

Error to Circuit Court, McDowell County. Action by TI. H. Fisher against the Flanagan Coal Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

PoBEBNBARGER, JUDGE:

The principal questions raised on this writ of error to a judgment rendered in an action for damages for a personal injury occasioned by an electric wire maintained by the defendant across a road in process of construction by the County Court of McDowell County, pertain to the status of the road, the plaintiff’s right to use, it and his conduct with reference to the wire, in view of his knowledge of its existence and location.

There is no proof that the right -of .way for the road which passed through land the defendant had under lease for coal min*462ing purposes, had been…

2Cases cited12 opinions

  1. Ward v. BrownWest Virginia Supreme Court · 1903
  2. Thomas v. Electrical Co.West Virginia Supreme Court · 1903
  3. Walker v. StrosniderWest Virginia Supreme Court · 1910
  4. Kay v. Glade Creek & R. R.West Virginia Supreme Court · 1900
  5. Bond v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1918

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3Cited by7 opinions

  1. State v. PercySouth Dakota Supreme Court · 1962
  2. State v. DickeyWest Virginia Supreme Court · 1900
  3. Maggard v. Appalachian Electric Power Co.West Virginia Supreme Court · 1932
  4. Burr v. Limestone Telephone Co.West Virginia Supreme Court · 1924
  5. C. C. McKinney v. Appalachian Electric Power Company, a CorporationCourt of Appeals for the Fourth Circuit · 1958

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

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