Turner v. Norfolk & W. R.
West Virginia Supreme Court
I.— rrhe engineer and fireman of the special engine were fellow servants of the decedent, a section hand upon the track,— 109 IT. S. 478; 27 Md. 589; 58 Wis. 585; 9 Cush.
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I.— rrhe engineer and fireman of the special engine were fellow servants of the decedent, a section hand upon the track,— 109 IT. S. 478; 27 Md. 589; 58 Wis. 585; 9 Cush. (A/ass.) 112; 88 N. Y. 481; 81 Minn. 553; 35 N. W. Rep. 582; 5 N. Y. 492. II.— The plaintiff’s decedent was guilty of contributory negligence. — Cooley on Torts (2d Ed.) p. 812; 29 W. Va, 98; 33 W. Va. 548; 88 Mich. 334; 30 W. Va. 798. III.— Turner, the party hilled, toas sixteen years of age, and having passed the age of fourteen, he was presumed to have had sufficient capacity and understanding to be sensible of danger,…
1Opinion of the Court
Dent, Judse :
Nathaniel Turner, administrator of the personal estate of Pearly Turner, deceased, instituted suit in the Circuit Court of Wayne county on the 11th day of February, 1892, against the Norfolk & Western Railroad Company, for the sum of ten thousand dollars damages on account of the death of said Pearly Turner, and on the 8th day of October, 1892, recovered the judgment for the sum of four thousand five hundred dollars,beingtheamount of damages assessed by a jury.
The defendant, upon a writ of error to this Court insists upon the following errors: “First. The court erred in granting…
2Cases cited5 opinions
- Railroad Company v. FortSupreme Court of the United States · 1874
- Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
- Ricketts v. Chesapeake & O. Ry. Co.West Virginia Supreme Court · 1890
- Balt. & Ohio R. R. v. Noell's adm'rSupreme Court of Virginia · 1879
- Long v. CampbellWest Virginia Supreme Court · 1893
3Cited by26 opinions
- Bond v. City of HuntingtonWest Virginia Supreme Court · 1981
- Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
- Thomas v. Electrical Co.West Virginia Supreme Court · 1903
- Foley v. California Horseshoe Co.California Supreme Court · 1896
- Kesner v. TrentonWest Virginia Supreme Court · 1975
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