Sheff v. City of Huntington
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the cir-court of the county of Cabell, rendered on the 30th day of March, 1878, in an action of trespass on the case, wherein George Sheff and Margaret S. Sheff, his wife, were plaintiffs, and the said The City of Huntington was defendant, allowed upon the petition of the said defendant. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the cir-court of the county of Cabell, rendered on the 30th day of March, 1878, in an action of trespass on the case, wherein George Sheff and Margaret S. Sheff, his wife, were plaintiffs, and the said The City of Huntington was defendant, allowed upon the petition of the said defendant. Hon. Evermont Ward, judge of the ninth judicial circuit, rendered the judgment complained of. Johnson, Judge, furnishes the following statement of the case: This is an action on the case for damages suffered by female plaintiff, by reason of a certain road in…
1Opinion of the CourtJohnson, Judge
The first question presented is: Should the demurrer to the declaration have been sustained ?
The counsel for plaintiff in error insists that the declaration was demurrable, because “the plaintiffs in then-declaration do not allege that the defendant or any of its corporate officers, had any notice that the road or place complained of was out of repair or in bad condition, before the injury complained of occurred.”
Syllabus 1. It is not necessary that the declaration should contain any such allegation. The statute gives an action for any injury to any person by reason of a public road or bridge…
2Cases cited43 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
38 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Long v. City of WeirtonWest Virginia Supreme Court · 1975
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Yeager v. City of BluefieldWest Virginia Supreme Court · 1895
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- State v. WelchWest Virginia Supreme Court · 1892
69 more not listed; retrieve them via the Exa API.