Ryan v. Piney Coal & Coke Co.
West Virginia Supreme Court
Error to Circuit Court, Raleigh County. Action by C. C. Ryan against the Piney Coal & Coke Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
POEEENBARGER, JUDGE:
For a variance between the writ and declaration the plaintiff’s action for damages for a personal injury was dismissed, the court having refused leave to amend the writ, whiclr was in assumpsit, so as to make it correspond with the declaration, which was in trespass on the case.
Soon after the dismissal, but more than a year after the date of the injury, the plaintiff instituted a new action in trespass on the case. In the declaration, he averred the dismissal of his first action and the cause thereof, and relies upon section 19 of chapter 104 of the Code of 1906, allowing…
2Cases cited4 opinions
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Tompkins v. Pacific Mutual Life InsuranceWest Virginia Supreme Court · 1903
- Lawrence v. Winifrede Coal Co.West Virginia Supreme Court · 1900
- Barnes v. City of GraftonWest Virginia Supreme Court · 1907
3Cited by14 opinions
- State Ex Rel. Smith v. BosworthWest Virginia Supreme Court · 1960
- Litten v. PeerWest Virginia Supreme Court · 1973
- McClung v. TiecheWest Virginia Supreme Court · 1944
- Raleigh County Bank v. PoteetWest Virginia Supreme Court · 1914
- Shafer v. Security Trust Co.West Virginia Supreme Court · 1918
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