Findley v. Coal & Coke Railway Co.
West Virginia Supreme Court
Error to Circuit Court, Randolph County. Action by Levi J. Findley, administrator, etc., against the Coal & Coke Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Poffenrarger, Judge:
The disposition of a former writ of error in this case, revealing its character, is reported in 72 W. Va. 268. On the new trial awarded [ry that decision, facts were disclosed which give it an aspect entirely different from that presented on the former writ of error. In view of the evidence adduced on that trial, by the defendant, for the purpose of proving a right of action under the Federal Employers’ Liability Act, in exclusion of right of recovery under the state, law,, the plaintiff, with leave of the court and over the objection of the defendant, amended the first…
2Cases cited26 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Russell v. PlaceSupreme Court of the United States · 1877
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
21 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lane v. WilliamsWest Virginia Supreme Court · 1965
- Bartley v. Western Maryland Railway Co.West Virginia Supreme Court · 1918
- Louis v. Smith-McCormick Construction Co.West Virginia Supreme Court · 1917
- Pritt v. W.V.N.R.R.West Virginia Supreme Court · 1948
- Roberts v. United Fuel Gas Co.West Virginia Supreme Court · 1919
8 more not listed; retrieve them via the Exa API.