Lay v. Elk Ridge Coal & Coke Co.
West Virginia Supreme Court
Error to Circuit Court, McDowell County. Action by W. F. Lay, administrator, for the death of his intestate, Rufus Toler, against the Elk Ridge Coal & Coke Company. Judgment for plaintiff and defendant brings error.
1Opinion of the Court
POFEENBARGER, PRESIDENT:
Rufus Toler an employee of the Elk Ridge Coal and Coke Company, was fatally injured at its tipple at the foot of *290its incline by a loose car of coal, and W. F. Lay, his administrator, recovered a judgment against the company, in the circuit court of McDowell county, for the sum of $5,000.00, which has been brought here for review.
Plaintiff’s decedent was engaged in dumping the loaded cars at the tipple, to which they were lowered from the drum house at the mouth of the mine on an incline, connecting the two points, by force of gravity, loaded cars, descending, drawing…
2Cases cited6 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Schwartz v. ShullWest Virginia Supreme Court · 1898
- Fulton v. Crosby & Beckley Co.West Virginia Supreme Court · 1905
- Bank of Huntington v. NapierWest Virginia Supreme Court · 1895
- Norfolk & Western Railway Co. v. Phillips' AdministratixSupreme Court of Virginia · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Reilly v. NicollWest Virginia Supreme Court · 1913
- Grillis v. Monongahela Power Co.West Virginia Supreme Court · 1986
- Humphreys v. Raleigh Coal & Coke Co.West Virginia Supreme Court · 1914
- Metro v. SmithWest Virginia Supreme Court · 1962
- Buffington v. LyonsWest Virginia Supreme Court · 1912
11 more not listed; retrieve them via the Exa API.