Criswell v. Railway Co.
West Virginia Supreme Court
Statement of the case by GR.EEN, Judge : This was an action on the case, brought by N. 0. Criswell, administrator of Thomas Waldron, in the Circuit Court of Ohio county, against the Pittsburgh, St. Louis & Cincinnati Railway Company, a corporation under the laws of this State, for damages resulting from the killing of Thomas Waldron on October 4,1884, by the collision of a passenger train of this railroad company with a hand-car on the track of this railroad, on which he was…
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Statement of the case by GR.EEN, Judge : This was an action on the case, brought by N. 0. Criswell, administrator of Thomas Waldron, in the Circuit Court of Ohio county, against the Pittsburgh, St. Louis & Cincinnati Railway Company, a corporation under the laws of this State, for damages resulting from the killing of Thomas Waldron on October 4,1884, by the collision of a passenger train of this railroad company with a hand-car on the track of this railroad, on which he was traveling,.as a hand in the employment of this company, to a place where work was to be done to keep in repair the…
1Opinion of the Court
GreeN, Judge :
This action on the case was brought by the administrator of Thomas Waldron, a track-repairer, against the Pittsburgh, Cincinnati & St. Louis Railway Company, to recover damages for the death of his intestate, caused by the neglect of the defendant by .negligently running a train of cars against a hand-car, on which said Waldron was traveling to a point at which he was to do work in repairing the defendant’s railroad. The suit was brought under our statute, to be found, chapter 104, §§ 5, 6, p. 708, Code W. Ya. 1887. The court overruled a demurrer to each of the four last counts…
2Cases cited25 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Malone v. . HathawayNew York Court of Appeals · 1876
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3Cited by16 opinions
- Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
- Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
- Railway Co. v. TriplettSupreme Court of Arkansas · 1891
- Hoffman v. DickinsonWest Virginia Supreme Court · 1888
- Jackson v. Norfolk & W. R.West Virginia Supreme Court · 1897
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