Rine v. Morris

Hatcher, Judge:

This is an action of trespass on the case brought in the Circuit Court of Wetzel County. A demurrer was sustained to the declaration in the court below, and the ease is here on error.

The declaration alleges that the defendants were engaged as independent contractors in excavating, levelling, grading, and constructing a public or state road or highway, in the county of Wetzel, for the State Road Commission of West Virginia, extending from a point south of the village of Steelton northward to the boundary line of the county; that in the performance of their work, they used a…