Schuster v. N. & W. Railway Co.
West Virginia Supreme Court
Error to Circuit Court, McDowell County. Action by W. J. Schuster against the Norfolk & "Western Kail-way Company. Judgment for defendant on appeal from a decision of a justice,' and plaintiff brings error.
1Opinion of the Court
LyNch, Judge :
Plaintiff sued before a justice to recover the value of a trunk and its contents delivered for carriage as baggage from Anawalt to Gary, two stations on the line of defendant’s railroad in McDowell County about fifteen miles apart. At neither station does defendant maintain a depot building or employ a baggage agent. Denied the right to have a judgment for the property or its value by the circuit court of that county, sitting in lieu of a jury with the consent of the parties, upon appeal from the decision of the justice, plaintiff prosecutes this writ here. The facts proved and…
2Cases cited3 opinions
- Dunlap v. International Steamboat Co.Massachusetts Supreme Judicial Court · 1867
- Metz v. California Southern RailroadCalifornia Supreme Court · 1890
- Lusk v. BlochSupreme Court of Oklahoma · 1917
3Cited by1 opinion
- Barclay, Inc. v. MaxfieldDistrict of Columbia Court of Appeals · 1946