McMechen v. Baltimore & Ohio Railroad
West Virginia Supreme Court
Case Certified from Circuit Court, Marshall County. Action by Alcinda C. McMechen and others against the Baltimore & Ohio Railroad Company, in which a demurrer to the declaration was overruled, and the case certified for review.
1Opinion of the Court
Lively, Judge :
The trial court has certified for review its action in overruling a demurrer to the amended declaration.
Neither the original declaration nor the demurrer to the amended declaration appear in the certified record. We have only a copy of an amended declaration and the order of the circuit court as of the 10th day of June, 1921, overruling a demurrer thereto.
*22From the briefs filed we learn that in the original declaration plaintiffs averred ownership in a certain tract of land in the city of Benwood containing eleven acres, the western side of which joined the right of way of…
2Cases cited7 opinions
- Farmers & Merchants Bank of Reedsville v. Kingwood National BankWest Virginia Supreme Court · 1920
- Bartley v. Western Maryland Railway Co.West Virginia Supreme Court · 1918
- Roberts v. United Fuel Gas Co.West Virginia Supreme Court · 1919
- Shafer v. Security Trust Co.West Virginia Supreme Court · 1918
- Findley v. Coal & Coke Railway Co.West Virginia Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rosier v. Garron, Inc.West Virginia Supreme Court · 1973
- Meyn v. Dulaney-Miller Auto Co.West Virginia Supreme Court · 1937
- Daugherty v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1951
- Collins v. Dravo Contracting Co.West Virginia Supreme Court · 1933
- Huff v. Lanes Bottom BankWest Virginia Supreme Court · 1931
4 more not listed; retrieve them via the Exa API.