Kniceley v. West Virginia Midland Railroad
West Virginia Supreme Court
Error to Circuit Court, Braxton County. Action by F. U. Knicely against the West Virginia Midland Railroad Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
POBFENBARGBR, PRESIDENT:
F. U. Knicely, injured' while unloading lumber from a car of the West Virginia Midland Railroad Company on its tracks, by the jarring or removal thereof without notice, recovered a judgment against said company for damages, resulting from the injury, amounting to $3,250.00, to which a writ of error was allowed.
The principal inquiry is whether the plaintiff and the switching crew of the defendant, who ran a train of cars against the standing car on which the former was at work, when injured, were fellow servants. This relationship, if it existed, precludes recovery and…
2Cases cited17 opinions
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Railroad Company v. HanningSupreme Court of the United States · 1873
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Hawker v. B. &. O. R. R.West Virginia Supreme Court · 1879
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3Cited by28 opinions
- Tuttle v. Embury-Martin Lumber Co.Michigan Supreme Court · 1916
- Kelley's Dependents v. Hoosac Lumber Co.Supreme Court of Vermont · 1921
- Lazarus v. SchererIndiana Court of Appeals · 1931
- Frampton v. Consolidated Bus Lines, Inc.West Virginia Supreme Court · 1950
- Messmer v. Bell & Coggeshall Co.Court of Appeals of Kentucky · 1909
23 more not listed; retrieve them via the Exa API.