Fuccy v. Coal & Coke Ry. Co.
West Virginia Supreme Court
Error to Circuit Court, Braxton Comity. Assumpsit by Joseph Fuccy against the Coal & Coke Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
POEEENBARGER, JUDGE :
The judgment for $3450.00, complained of here, was recovered in an action of assumpsit, founded upon a contract for the construction of a certain railroad, a branch line of the Coal and Coke Railway, running from Gassaway to Wolf Creek.
The declaration contained five counts, but the evidence adduced' tends to sustain only two of them, the common count for work and labor and a special count for the price or value of certain kinds of excavation, in excess of the price specified in the contract, the claim for which is founded upon alterations in the location of the road, made…
2Cases cited7 opinions
- State v. CliffordWest Virginia Supreme Court · 1906
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Wood v. Fort WayneSupreme Court of the United States · 1886
- Hopkins, Brother & Co. v. RichardsonSupreme Court of Virginia · 1852
- Henderson Bridge Co. v. McGrathSupreme Court of the United States · 1890
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3Cited by15 opinions
- Owen v. Appalachian Power Co.West Virginia Supreme Court · 1916
- Morris v. City of WheelingWest Virginia Supreme Court · 1954
- Ward v. SmithWest Virginia Supreme Court · 1955
- Cochran v. CraigWest Virginia Supreme Court · 1921
- Marshall v. ConradWest Virginia Supreme Court · 1937
10 more not listed; retrieve them via the Exa API.