Lewis v. W. Va. Pulp & Paper Co.
West Virginia Supreme Court
Error to Circuit Court, Pocahontas County. Action by J. W. Lewis against the West Virginia Pulp & Paper Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
Poffenbarger, Judge:
Lewis’ judgment for $49.41, recovered in a justice’s court, was carried into the circuit court by an appeal. The total amount claimed in his bill of particulars is $110.60. On the conclusion of his evidence a verdict against him was found by direction of the court, and the judgment to which he obtained this writ of error was rendered in accordance with the verdict.
Taken as true, tinder the rule applicable to motions to exclude, they being in some respects the equivalent of *104demurrers, the plaintiff’s evidence established the following facts: In May 1913, he was at a point…
2Cases cited4 opinions
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Traver v. HalstedNew York Supreme Court · 1840
- Swiger v. HaymanWest Virginia Supreme Court · 1904
- Adams v. Guyandotte Valley Ry. Co.West Virginia Supreme Court · 1908
3Cited by4 opinions
- Rua v. Bowyer Smokeless Coal Co.West Virginia Supreme Court · 1919
- Marion Square Corp. v. Kroger Co.Court of Appeals for the Fourth Circuit · 1989
- Roach v. Harty Coal Co.West Virginia Supreme Court · 1917
- Marion Square Corporation v. The Kroger CoCourt of Appeals for the Fourth Circuit · 1989