Legal Opinion
Virginian Railway Company, a Corporation v. James Ernest Rose, an Infant, by Ernest Rose, His Next Friend, and Ernest Rose and Janice Rose
Court of Appeals for the Fourth Circuit
Decided May 16, 1959No. 7796PublishedCited by 6 opinions
1Opinion of the Court
SOBELOFF, Chief Judge.
The defendant railroad company appeals from adverse judgments entered in the District Court in favor of James Ernest Rose, an infant, for personal injuries, and in favor of his parents for medical expenses and loss of their son’s services.
The defendant operates a single track railway through Wyoming County, West Virginia, which crosses a bridge, or trestle, located on the perimeter of the Town of Pineville, having a population of about 1800. The structure is 123 feet long, is 24 feet above a creek and has an eight degree curve to the right. On the afternoon of May 15,…
2Cases cited29 opinions
- Virginian Ry. Co. v. ArmentroutCourt of Appeals for the Fourth Circuit · 1948
- Raines v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Gunn v. Ohio River R.West Virginia Supreme Court · 1896
- Donald v. Long Branch Coal Co.West Virginia Supreme Court · 1920
- Hord v. National Homeopathic HospitalDistrict Court, District of Columbia · 1952
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3Cited by6 opinions
- Locklin v. Day-Glo Color Corp.Court of Appeals for the Seventh Circuit · 1970
- McCabe v. ParkerCourt of Appeals for the Eighth Circuit · 2010
- Cole L. Smith v. Regina Manufacturing Corporation, and Sears Roebuck and CompanyCourt of Appeals for the Fourth Circuit · 1968
- Trexler v. Tug RavenDistrict Court, E.D. Virginia · 1968
- McCabe v. MaisDistrict Court, N.D. Iowa · 2008
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