Fisher v. West Virginia & P. R.
West Virginia Supreme Court
I. — Established fads do not support charge of negligence. — 54 Am. and Eng. R. Cases, 640 and citations there given. II.— Where injury results from voluntary exposure to danger, no right of recovery. — Patterson’s R. Acc., 272 and 273; 2 Beach on Law of R. §§ 860, 993 and 977; Beach on Con. Neg. 149; 11 S. E. R. 187; 2 Wood, R. L. § 303; 18 Am. St. R. 544; Deering on Neg. 92; 78 Ya.
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I. — Established fads do not support charge of negligence. — 54 Am. and Eng. R. Cases, 640 and citations there given. II.— Where injury results from voluntary exposure to danger, no right of recovery. — Patterson’s R. Acc., 272 and 273; 2 Beach on Law of R. §§ 860, 993 and 977; Beach on Con. Neg. 149; 11 S. E. R. 187; 2 Wood, R. L. § 303; 18 Am. St. R. 544; Deering on Neg. 92; 78 Ya. R. 645; 35 W. Ya. 389; Schouler’s Bailments and Carriers, § 652, p. 707 note 3; Beach on Con. Neg. 286 and note 3; 59 Am. & Eng. R. Cases, 516; 2 Beach R. L. §§ 997, 988; 47 Am. & Eng. R. Cases', 580, 594 and…
1Dissent
Holt, PresideNt,
(dissenting):
This case has been before two juries, and each one found that the defendant did not, in carrying an intoxicated passenger, use such care to carry him safely and securely as the law of their contract and the exigencies of the occasion demanded. Three facts of some bearing in certain aspects of the case were brought out on this trial which did not appear on the first trial at all, or with the same distinctness and certainty: (1) On the first trial, the plaintiff'did not say that he was not notified by the conductor to get off the platform. On this trial he denies…
2Cases cited14 opinions
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
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