Legal Opinion

Long v. Foley

West Virginia Supreme Court

Decided September 10, 1918Published

Case Certified from Circuit Court, "Wetzel county. Action by N. J. Long against Tbos. B. Foley. Demurrer to declaration was overruled, and the case certified.

1Opinion of the Court

Lynch, Judge :

Relying on the lack of causal connection between the negligence averred in the declaration in an action of trespass on the case and the infliction of the injury complained of and *503sued for, the defendant demurred from the pleading, and, the demurrer being overruled, the court certified the case here under the authority of the second paragraph of §1, ch. 135, Code 1916. Plaintiff sustained the injury while engaged as a “stabber”, a term employed in the work of tubing oil and gas wells, the duty required being to guide with his hands the joint suspended by a rope from the derrick…

2Cases cited2 opinions

  1. Louis v. Smith-McCormick Construction Co.West Virginia Supreme Court · 1917
  2. Ironton Lumber Co. v. Guyandotte Timber Co.West Virginia Supreme Court · 1910

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