Neil v. West Virginia Timber Co.
West Virginia Supreme Court
Error to Circuit Court, Nicholas County. Action by James 6. Neil, administrator, etc., against the "West Virginia Timber Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Lynch, Judge :
Por the reversal of a judgment obtained against it in an action by plaintiff for injuries inflicted upon his son, aged 19 years, while in its service, and from the effect of which he died, defendant assigns as erroneous rulings upon its demurrer to the declaration, upon instructions, and the admission of evidence offered by plaintiff.
Under the decisions in Austin v. Callaway, 80 S. E. 361, and Perry v. Coal Co., 81 S. E. 844, the declaration is de*504fective because of its failure to aver the appointment and qualification of plaintiff as personal representative; a defect to be…
2Cases cited20 opinions
- Woodall v. DarstWest Virginia Supreme Court · 1912
- Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
- Betts Co. v. HancockSupreme Court of Georgia · 1912
- Linquist v. HodgesIllinois Supreme Court · 1911
- State v. WaldronWest Virginia Supreme Court · 1912
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3Cited by7 opinions
- State Road Commission v. BowlingWest Virginia Supreme Court · 1969
- Metro v. SmithWest Virginia Supreme Court · 1962
- Smith v. WhitlockWest Virginia Supreme Court · 1942
- Fink v. ScottWest Virginia Supreme Court · 1928
- Karr v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.