Hawker v. B. &. O. R. R.
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Marion, rendered on the 7th day of May, 1878, in an action of trespass on the case in said court then pending, wherein James Hawker, Jr., was plaintiff, and The Baltimore & Ohio Railroad Company was defendant, allowed upon the petition-of said defendant. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Marion, rendered on the 7th day of May, 1878, in an action of trespass on the case in said court then pending, wherein James Hawker, Jr., was plaintiff, and The Baltimore & Ohio Railroad Company was defendant, allowed upon the petition-of said defendant. Hon. John Blair Hoge, judge of the third judicial circuit, rendered the judgment complained of. Green, President, furnishes the following statement of the case: On Februaiy 16, 1876, James Hawker, Jr., instituted in the circuit court of Marion county an action…
1Opinion of the Court
GreeN, President,
delivered the opinion of the Court:
The first question presented by the record in this case is : Did the circuit court, err in overruling the demurrer to the declaration ? There was no necessity for the declaration to specify the acts of omission or commission Syllabus 1. which constituted, the negligence of the defendant, which is the basis of the action. The degree of certainty i*e-quired by the rules of pleading was met by the allegation that “the defendant negligently, carelessly and wrongfully caused a train of cars on its railroad to be propelled and driven upon the fat…
2Cases cited6 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Bellefontaine Railway Co. v. HunterIndiana Supreme Court · 1870
- Blaine v. C. & O. R. R.West Virginia Supreme Court · 1876
- Corder v. TalbottWest Virginia Supreme Court · 1878
- McDermott v. Iowa Falls & Sioux City Railway Co.Supreme Court of Iowa · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
- Chicago City Railway Co. v. JenningsIllinois Supreme Court · 1895
- Bowman v. BarnesWest Virginia Supreme Court · 1981
- Lawson v. ConawayWest Virginia Supreme Court · 1892
54 more not listed; retrieve them via the Exa API.