Western Union Telegraph Co. v. Hickman
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Northern District of West Virginia, at .Parkersburg; Alston G. Dayton, Judge. Action at law by Charles H. Hickman against the Western Union Telegraph Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
KNAPP, Circuit Judge.
[1] In this action of negligence plaintiff in error, defendant below, set up in defense and claimed protection under the Workmen’s Compensation Act of West Virginia (Acts 1915, c. 9, as amended by Acts 1915 [Ex. Sess.] c. 1) in force when the accident happened. This act, which otherwise would bar the suit, excepts from its provisions “casual employment,” and plaintiff can therefore maintain his action if he was engaged in “casual employment” at the time he got hurt. The facts in that regard appear to be these:
*900Plaintiff was about 27 years old when he received the injuries…
2Cases cited16 opinions
- Gaynor's CaseMassachusetts Supreme Judicial Court · 1914
- Thompson v. TwissSupreme Court of Connecticut · 1916
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Maryland Casualty Co. v. PillsburyCalifornia Supreme Court · 1916
- Aurora Brewing Co. v. Industrial BoardIllinois Supreme Court · 1917
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3Cited by15 opinions
- Callihan v. MontgomerySupreme Court of Pennsylvania · 1922
- Flynn v. CarsonIdaho Supreme Court · 1926
- McFall v. Barton-Mansfield Co.Supreme Court of Missouri · 1933
- Eddington v. Northwestern Bell Telephone Co.Supreme Court of Iowa · 1925
- Terminal R. Ass'n of St. Louis v. HowellCourt of Appeals for the Eighth Circuit · 1948
10 more not listed; retrieve them via the Exa API.