Hicks v. New River & Pocahontas Cons. Coal Co.
West Virginia Supreme Court
Error to Circuit Court, McDowell County. Action by Ida Hicks and others against the New River & Pocahontas Consolidated Coal Company. Judgment for defendant, and plaintiffs bring error.
1Opinion of the Court
MilleR, President:
In ejectment, after all the evidence on both sides was in, the court below, on motion of defendant, in effect directed a verdict in its favor and pronounced the judgment now under review.
The controlling question presented is whether, on the state of the pleading and evidence, the court should have so ordered: The rule now firmly established by our decisions is that if the court would be compelled to set aside a verdict in favor of the opposite party, a verdict in accordance with the plain preponderance of the evidence should be directed. Ice v. County Court, 77 W. Va. 152;…
2Cases cited11 opinions
- Owen v. Appalachian Power Co.West Virginia Supreme Court · 1916
- Summerfield v. WhiteWest Virginia Supreme Court · 1903
- Cobb v. Glenn Boom & Lumber Co.West Virginia Supreme Court · 1905
- Fleming Oil & Gas Co. v. So. Penn Oil Co.West Virginia Supreme Court · 1893
- Ice v. County Court of Doddridge CountyWest Virginia Supreme Court · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Petros v. KellasWest Virginia Supreme Court · 1961
- Adkins v. Aetna Life InsuranceWest Virginia Supreme Court · 1947
- Preston County Coke Co. v. Preston County Light & Power Co.West Virginia Supreme Court · 1961
- Mulroy v. Co-Operative Transit CompanyWest Virginia Supreme Court · 1956
- Beneficial Finance Co. of Charleston v. CollinsWest Virginia Supreme Court · 1966
10 more not listed; retrieve them via the Exa API.