Hains v. Parkersburg

• Court: Supreme Court of West Virginia
• Citation: 76 S.E. 843,71 W.Va. 453
• Decision Date: 10 December 1912
• Parties: HAINS. v. PARKERSBURG, M. & I. RY. CO. et al.

76 S.E. 843
71 W.Va. 453

HAINS.
v.
PARKERSBURG, M. & I. RY. CO. et al.

Supreme Court of Appeals of West Virginia.

Dec. 10, 1912.

(Syllabus by the Court.)

1. Negligence (§ 108^*)—Actions —Pleading.

In actions of trespass on the case for injury by negligence, it is sufficient, in charging the negligent act, to set forth in general terms the injury, the instrumentality or means thereof, when occasioned by an affirmative act, or the particular omission of duty, when occasioned by mere omission, and aver that the act or omission was negligent.

[Ed. Note.—For other cases, see Negligence, Cent. Dig. §§ 174, 175, 179, 180; Dec. Dig. § 108.*]

2. Master and Servant (§ 329*)—Injuries to Third Persons—Actions—Pleading.

In an action against an employer for a wrong done by his servant, the relation of master and servant is sufficiently charged by an averment that the servant did the act while engaged in the master's business and in furtherance thereof. The declaration need not say in terms he acted within the scope of his authority.

[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 1268, 1269; Dec. Dig. § 329.*]

3. Pleading (§ 38 1/2*)—Declaration—Statement of Cause of Action.

The office of a declaration is to give the defendant notice of the nature and ground of the action, and the rules of pleading do not require such specification of matters of detail as will benefit the defendant only by the hamper and weight of procedure imposed upon the plaintiff.

[Ed. Note.—For other cases, see Pleading, Dec. Dig. § 38 1/2.*]

4. Pleading (§ 48*)—Declaration — Statement of Cause of Action—Duty Imposed by Law.

A duty imposed by law and involving no element of contract need not be expressly alleged.

[Ed. Note.—For other cases, see Pleading, Cent. Dig. §§ 105, 106; Dec. Dig. § 48.*]

5. Corporations (§ 488*) — Liabilities — Joint Liabilities.

Corporations engaged in separate and distinct lines of business may be jointly liable for a wrongful act.

[Ed. Note.—For other cases, see Corporations, Cent. Dig. § 1899; Dec. Dig. § 488.*]

[76 S.E. 844](Additional Syllabus by Editorial Staff.)

6. Pleading (§ 35^2-*)—Poem of Allegations

—Surplusage.

The assertion of the relation of passenger and carrier as measuring the duties of a street railroad company, sued jointly with a natural gas company for personal injuries, does not vitiate the declaration either on the ground that two defendants under different obligations cannot be jointly sued, or that such a relation is inconsistent with an allegation of injury to the plaintiff as a pedestrian on the street.

[Ed. Note.—For other cases, see Pleading, Cent. Dig. §§ 76-80; Dec. Dig. § 35.*]

Error to Circuit Court, Wood County.

Action by Margaret Hains against the Parkersburg, Marietta & Interurban Railway Company and another. Judgment for defendants, and plaintiff brings error. Reversed and remanded.

William Beard, of Parkersburg, for plaintiff in error.

V. B. Archer, of Parkersburg, A. B. Fleming, Charles Powell, and Kemble White, all of Fairmont, and Reese Blizzard, of...