Jenkins v. Montgomery
West Virginia Supreme Court
Error to Circuit Court, Eayette County. Action by Kate Jenkins against J. W. Montgomery. Erom a judgment for plaintiff, defendant brings error.
1Opinion of the Court
Williams, PRESIDENT:
Kate Jenkins was injured by falling into an open ditcli, in the night time, which she alleges had been dug practically across one of the public streets in the town of Montgomery, by J. W. Montgomery, and negligently left without covering, or any sign to warn the public of danger. She brought an action of trespass on the case in the circuit court of Fayette county against said J. W. Montgomery and recovered a judgment for $875.00. Montgomery has brought the case here on writ of error.
It is insisted that the demurrer to the declaration, should have been sustained, because it…
2Cases cited1 opinion
- Donaghe v. RankinSupreme Court of Virginia · 1814
3Cited by11 opinions
- Wellman v. Fordson Coal Co.West Virginia Supreme Court · 1928
- James v. PiggottWest Virginia Supreme Court · 1910
- Ferguson v. RE Ball and CompanyWest Virginia Supreme Court · 1970
- Leonard v. Mel Foster Co.Supreme Court of Iowa · 1953
- Farmers National Bank v. HowardWest Virginia Supreme Court · 1912
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