Legal Opinion

Coal & Coke Railway Co. v. Joyce

West Virginia Supreme Court

Decided December 15, 1905PublishedCited by 5 opinions

Error to Circuit Court, Randolph County. Action by the Coal and Coke Railway Company against Thomas W. Joyce and others to condemn land for railroad purposes. From an order setting aside a verdict of the jury and grating a new trial, Thomas W. Joyce and others bring error.

1Opinion of the Court

Cox, Judge:

Thomas W. Joyce, Margaret Caveney and Ann Joyce complain of an order of the circuit court of Randolph county, made in a proceeding to condemn land for railroad purposes, in which they are defendants, sustaining the motion of the applicant, Coal and Coke Railway Company, to set aside the verdict of the jury therein and granting it a new trial.

The question whether or not there is error in this order involves a consideration of the evidence.

This record presents another instance of a fatal skeleton bill of exceptions whereby the evidence is not made a part of it, and, therefore, not a…

2Cases cited4 opinions

  1. Dudley v. BarrettWest Virginia Supreme Court · 1905
  2. Tracy's Administratrix v. Carver Coal Co.West Virginia Supreme Court · 1905
  3. McKendree v. SheltonWest Virginia Supreme Court · 1902
  4. Parr v. CurrenceWest Virginia Supreme Court · 1905

3Cited by5 opinions

  1. Shipley v. Virginian Ry. Co.West Virginia Supreme Court · 1920
  2. DeBoard v. Camden Interstate Railway Co.West Virginia Supreme Court · 1907
  3. Woods v. KingWest Virginia Supreme Court · 1906
  4. Bank of Gassaway v. JamesWest Virginia Supreme Court · 1928
  5. State v. BanksWest Virginia Supreme Court · 1906

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