Legal Opinion

Cline v. McAdoo

West Virginia Supreme Court

Decided February 10, 1920PublishedCited by 13 opinions

Error to Circuit Court, McDowell County. Action by D. E. Cline against W. G. McAdoo, Director General of Railroads. Demurrer to plaintiffs evidence was joined in by plaintiff, and there was conditional verdict for plaintiff and judgment thereon by the court, motions to set aside the verdict as excessive and for a new trial overruled, and defendant brings error.'

1Opinion of the Court

Millee, Judge:

The plaintiff sued defendant for damages for personal injuries and also damages to his automobile, the result of being struck at a street crossing in the town of Davy, by one of defendant’s engines being operated westward on the east bound track. At the conclusion of plaintiff’s evidence the defendant interposed a demurrer thereto, which was joined in by plaintiff, and the jury returned a conditional verdict assessing plaintifE’s damages at $1,000.00, conditioned on the law of the ease as it might thereafter be determined by the court, and in answer to special interrogatories,…

2Cases cited5 opinions

  1. City of Elkins v. Western Maryland Railway Co.West Virginia Supreme Court · 1915
  2. Beyel v. Newport News &. M. V. R'd Co.West Virginia Supreme Court · 1890
  3. Berkeley v. Oil Chesapeake & O. Ry. Co.West Virginia Supreme Court · 1896
  4. Riedel v. Traction Co.West Virginia Supreme Court · 1911
  5. Bassford v. P. C. C. & St. L. Ry. Co.West Virginia Supreme Court · 1912

3Cited by13 opinions

  1. Cavendish v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1924
  2. Krodel v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1925
  3. Robertson v. Monongahela Power & Railway Co.West Virginia Supreme Court · 1925
  4. Robinson v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1922
  5. Morris v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1929

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