Donnally v. Payne
West Virginia Supreme Court
Error to Circuit Court, Kanawha County. Action by Wirt W. Donally, administrator, of the estate of Joel il. Meadors, deceased, against John Barton Payne, Director General of Railroads of the United States, for damages for wrongful death of plaintiff’s intestate. A verdict for plaintiff was set aside, and judgment rendered for the defendant, and the plaintiff brings error.
1Dissent
Miller, Judge,
(dissenting) :
I must decline to concur in the opinion of the court in this case. I do not see how there can be two opinions about the question of fact that decedent was guilty of the grossest negligence and disregard for his own safety, in attempting to alight from the end of the coach where the vestibule doors were closed against him, and by undertaking to leave by the end sill of the tender, a method so manifestly dangerous and unusual as to warn any reasonable man of the great danger in doing so. When he entered, he took a seat near the door, and when the train stopped it…
2Cases cited8 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Dye v. CorbinWest Virginia Supreme Court · 1906
- Simmons v. Seaboard Air-Line RailwaySupreme Court of Georgia · 1904
- Hoylman v. Kanawha & Michigan Ry. Co.West Virginia Supreme Court · 1909
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