Legal Opinion

Harvey Coal & Coke Co. v. Chesapeake & Ohio Ry. Co.

West Virginia Supreme Court

Decided April 25, 1911PublishedCited by 5 opinions

Error to- Circuit Court, Fayette County. Action by the Iiarvey Coal & Coke Company against the Chesapeake & Ohio Railway Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Miller, Judge:

Tire verdict and judgment below, on appeal, by defendant, from the judgment of a justice, was for three hundred dollars, interest and costs, damages alleged to have been sustained by plaintiff, by the killing by defendant of a pair of mules astray on its railway tracks.

All questions of error presented are covered by defendant’s motion, denied by the court below, to set aside the verdict and grant it a new trial.

The sole question is, was the law properly applied, and the verdict warranted bjr the facts proven? The complaint was that defendant negligently ran over and killed the…

2Cases cited2 opinions

  1. Toudy v. Norfolk & W. R.West Virginia Supreme Court · 1894
  2. Lovejoy v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1896

3Cited by5 opinions

  1. Daniels v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1923
  2. Underwood v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1916
  3. Christian v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1916
  4. Kay v. Director General of RailroadsWest Virginia Supreme Court · 1920
  5. Warden v. HinesWest Virginia Supreme Court · 1921

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