Legal Opinion · Dissent

Riddle v. Baltimore & Ohio Railroad

West Virginia Supreme Court

Decided January 13, 1953No. 10459Published

1DissentLovtns, Judge

The facts shown in the record in this case and applicable law are probably sufficient to justify a recovery by the plaintiff; were it not for erroneous rulings during the course of the trial.

Specifically, my disagreement with the opinion of the court rests on two propositions: (1) The admission of testimony relative to the difference in market value of plaintiff’s real estate before and after it was flooded. (2) The refusal to give Instruction Number 8 tendered by defendant.

Before discussing the two specific propositions above stated, I advert to the testimony introduced by plaintiff relative…

2Cases cited32 opinions

  1. Evanston v. GunnSupreme Court of the United States · 1879
  2. Vinal v. CoreWest Virginia Supreme Court · 1881
  3. Oresta v. Romano Bros.West Virginia Supreme Court · 1952
  4. Taylor v. Baltimore & O. R.West Virginia Supreme Court · 1889
  5. Robertson v. HobsonWest Virginia Supreme Court · 1933

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