American Fidelity & Casualty Co. v. Bailey

PARKER, Circuit Judge.

Plaintiff was injured in the year 1928 while riding in a passenger bus operated by the Bartlett Bros. BuS Company. She brought suit against the bus company for damages in the circuit court of Taylor county, W. Va., and secured a judgment for the sum of $12,500, notwithstanding a plea by the company that she was a gratuitous passenger riding on a pass which precluded the holder from recovering from the company on account of injuries. This judgment was affirmed by the Supreme Court of Appeals of West Virginia in Bailey v. Bartlett, 112 W. Va. 27, 163 S. E. 615. Plaintiff,…