Roderick v. Railroad Co.
West Virginia Supreme Court
This was an appeal, by the plaintiff below, from the judgment of the circuit court of Jefferson county, rendered at the August term, 1868, of said court, wherein Hezekiah Roderick, was plaintiff, and the Baltimore and Ohio Railroad Company, defendant. The Hon. Ephraim B. Hall, judge of said circuit court, as organized under tbe Constitution oí 1863, presided at the trial below. The facts are sufficiently slated in the opinion of the Court, delivered by Pauli, Judge.
1Opinion of the Court
Paule, Judge :
In 1865, an action was instituted by the plaintiff, Hezekiah Roderick, against the defendant, in the circuit court of Jefferson county, for injuries received by a horse of the plaintiff, while in the course of transportation from Harper’s Ferry to Baltimore. A declaration in case was filed, and a common order taken and confirmed. At the April term of the court, leave was given to the plaintiff to file an amended declaration, during the term. No record or entry, made by the clerk, indicates that this amended declaration was filed; but a declaration in as-sumpsit appears in the…
2Cases cited2 opinions
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Clark v. Tacoma Building & Savings Ass'nWashington Supreme Court · 1891
3Cited by15 opinions
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- Dower v. ChurchWest Virginia Supreme Court · 1882
- Love v. Virginian Power Co.West Virginia Supreme Court · 1920
- Varney & Evans v. Hutchinson Lumber & Mfg. Co.West Virginia Supreme Court · 1908
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