Reports of Cases Argued and Determined in the Supreme Court of Appeals of West Virginia, Volume 43

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Page 669 - The court said there must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 58 - The complaint shall state, in a plain and direct manner, the facts constituting the cause of action.
Page 478 - It is settled law that the plaintiff in ejectment must recover on the strength of his own title, and not on the weakness of his adversary's...
Page 180 - If an instrument ought not to be used or enforced, it is against conscience for the party holding it to retain it; since he can only retain it for some sinister purpose.
Page 338 - And equity protects a parol gift of land equally with a parol agreement to sell it, if accompanied by possession, and the donee, Induced by the promise to give it, has made valuable improvements on the property...
Page 260 - Ray hath granted, demised, and let unto the said company, " for the sole and only purpose of drilling and operating for petroleum, oil, and gas, for the term of two years, or so long thereafter as oil or gas is found in paying quantities, a certain tract of land in Crow Creek Township,
Page 105 - Provided, That no debt shall be contracted under this section, unless all questions connected with the same, shall have been first submitted to a vote of the people, and have received three-fifths of all the votes cast for and against the same.
Page 491 - In this court the doctrine is well settled that in actions of tort the jury, in addition to the sum awarded by way of compensation for the plaintiff's injury, may award exemplary, punitive, or vindictive damages, sometimes called "smart money," if the defendant has acted wantonly, or oppressively, or with such malice as implies a spirit of mischief or criminal indifference to civil obligations...
Page 491 - We are aware that the propriety of this doctrine has been questioned by some writers, but if repeated judicial decisions for more than a century are to be received as the best exposition of what the law is, the question will not admit of argument. By the common, as well as by statute law, men are often punished for aggravated misconduct or lawless acts, by means of a civil action, and the damages inflicted by way of penalty or punishment given to the party injured.
Page 133 - ... in regard to any personal transaction or communication between such witness and a person, at the time of such examination, deceased, insane or lunatic, against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee or survivor of such deceased person, or the assignee or committee of such insane person or lunatic.

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