It is the duty of a railroad company in the operation of its trains as they approach a private crossing to exercise reasonable care to avoid injury to persons who have a legal right to travel upon and over such crossing when it has knowledge that such persons regularly use such crossing.ħ. Of the grantor in a deed by virtue of which the railroad company acquired its right of way, which crossing is located on a road leading to such land, which is not a public street or highway, and which crossing is used during a long period of time by the owners of parts of the land to which the covenant extends, who under such covenant have a legal right to use such crossing, and by other members of the general public, with the knowledge and the passive acquiescence of the railroad company but which company has not erected a whistle post or a warning board, or constructed or maintained, or permitted any other person to construct or maintain, any special equipment or facility as an inducement or invitation to the public to use such crossing, is a private crossing and not a crossing at a public street or highway within the meaning of Code 31-2-8.Ħ. A farm crossing constructed and maintained by a railroad company under a covenant for the benefit of certain land County Court of Marshall County, 83 W.Va. 'The allowance of a view by a jury is within the discretion of the trial court, and its refusal is not ground for reversal unless it is clearly manifest that a view was necessary to a just decision, and that the refusal operated to the injury of the party asking it.' Point 4 Syllabus, Compton v. The formal defect of duplicity in a count in a declaration may not be raised by demurrer but may be reached by demand for specification of the particular ground of the action, or by motion for a bill of particulars, or by motion to require the plaintiff to elect which particular act he will rely upon at the trial of the action.Ĥ. A count in a declaration alleging several facts which together constitute a single cause of action is not subject to the defect of duplicity.ģ. A declaration in an action for the recovery of damages for wrongful death containing two counts, each of which charges the duty of the defendant, and avers that such duty was breached by particular negligent acts or omissions of the defendant, stated with reasonable certainty, and that the injuries complained of were caused by such negligent acts or omissions, sufficiently states a cause of action against the defendant and is good on demurrer.Ģ.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |