Legal Opinion · Dissent

Mullins v. State Road Commission

West Virginia Court of Claims

Decided January 25, 1951No. 722Published

1DissentJames Cann, Judge

The arbitrary award of $3000.00 made to claimant in this case by a majority of the court, in the light of the evidence introduced, compels me to file this dissent. So many matters were set out in the majority opinion, justifying the instant award which, to my opinion, were not part of the record or part of any one’s testimony. But without going into any of that, I shall confine my dissent to the lack of proof, as required by law, on the part of claimant. Mr. Mullens testified at great length with respect to his employment as night watchman for respondent. He presented a sheet of paper which…

2Cases cited9 opinions

  1. Cobb v. DunlevieWest Virginia Supreme Court · 1908
  2. Fox v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1890
  3. Moore v. Heat & Light Co.West Virginia Supreme Court · 1909
  4. Antonowich v. Home Life Insurance Co.West Virginia Supreme Court · 1935
  5. Chicago Art Co. v. ThackerWest Virginia Supreme Court · 1909

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