Del Signore v. Payne
West Virginia Supreme Court
Error to Circuit Court, Tucker County. Action by Sante Del Signore against John Barton Payne, Director General of Railroads, begun in the justice court. •The circuit court directed verdict and judgment for defendant. Plaintiff’s motions to set aside the verdict and for new trial were denied, and he brings error.
1Opinion of the Court
Miller, Judge:
The controversy is over the alleged liability of the defendant to plaintiff for the total loss of one hundred cases of beverage shipped by the Cumberland Brewing Company, December 19, 1918, from Cumberland, Maryland, over the Western Maryland Railway, and 'consigned to plaintiff at Thomas, West Virginia.
On the trial of the action below, upon appeal from the judgment of a justice, at the conclusion of plaintiff’s evidence, the court sustained defendant’s motion to strike out the evidence and directed a verdict for him,, and the judgment of nil capiat now complained of followed…
2Cases cited4 opinions
- Hutchinson v. United States Express Co.West Virginia Supreme Court · 1907
- Berry v. West Virginia & P. R.West Virginia Supreme Court · 1898
- United Metals Selling Co. v. PryorCourt of Appeals for the Eighth Circuit · 1917
- Hurley & Son v. Norfolk & Western Ry. Co.West Virginia Supreme Court · 1910
3Cited by1 opinion
- Mangelsdorf Seed Co. v. Missouri Pacific RailroadSupreme Court of Kansas · 1929