Weatherford v. Arter, No. 774
| Court | Supreme Court of West Virginia |
| Writing for the Court | HAYMOND |
| Citation | 135 W.Va. 391,63 S.E.2d 572 |
| Parties | WEATHERFORD, v. ARTER. C.C. |
| Decision Date | 13 February 1951 |
| Docket Number | No. 774 |
Page 572
v.
ARTER.
Decided Feb. 13, 1951.
Syllabus by the Court
The occupant of a residence, located in this State, who uses it as a home and who employs another person to nurseand attend the sick husband of such occupant, in such residence, is not an employer 'regularly employing other persons for the purpose of industry or business in this State' within the meaning of Section 1, Article 2, Chapter 23, of the Code of West Virginia, as amended, and is not subject to the provisions of the Workmen's Compensation Law of this State.
W. Hayes Pettry, Charleston, for plaintiff.
Kay, Casto & Amos, John S. Haight, Charleston, for defendant.
HAYMOND, Judge.
This action of trespass on the case was instituted in the Circuit Court of Kanawha County by the plaintiff, Harriett Weatherford, to recover from the defendant, Mrs. John Y. Arter, Sr., damages for personal injuries sustained by the plaintiff as the result of the alleged negligence of the defendant.
[135 W.Va. 392] The declaration contains three separate counts. The substance of each count is that the defendant occupies and maintains a residence in the City of Charleston; that she employed the plaintiff for a period of approximately five months during the year 1949 to nurse and attend the defendant's
Page 573
husband, who was ill and confined to his room on the second floor of the residence; that in the performance of her duties the plaintiff was required to go to the kitchen on the first floor of the building to obtain from a refrigerator food for the husband of the defendant; that a maid employed by the defendant in cleaning the floor of the kitchen, caused water, soap and other slippery substances to accumulate and remain upon the floor of the kitchen which rendered the floor dangerous and unsafe; that, on August 23, 1949, the plaintiff, without knowing the dangerous and unsafe condition of the floor, while walking upon it, because of the slippery substances, and without fault upon her part, fell, and in so doing, sustained severe and permanent injuries to her person; that the defendant negligently failed to furnish and maintain a safe place for the plaintiff to engage in the performance of her duties; that her injuries were caused by this negligence of the defendant; that the defendant, in her employment of the plaintiff, was an employer subject to the provisions of the Workmen's Compensation Law of this State, and that, because of her failure to pay to the Workmen's Compensation Fund the premiums provided by law the defendant became liable to the penalties imposed by that statute.The written demurrer filed by the defendant assigned only two grounds; (1) The declaration, in each count, fails to show that the defendant is an employer engaged in any form of industry or business within the meaning of the Workmen's Compensation Statute of this State; and (2) the defendant is expressly excluded from the provisions of that statute.
By order entered July 28, 1950, the Circuit Court sustained the demurrer of the defendant to the declaration and each of its counts for the stated reason that the defendant[135 W.Va. 393] is not a person 'regularly employing other persons for the purpose of carrying on any form of industry or business in this State' within the meaning of Chapter 23, Article 2, Section 1 of the Code of West Virginia, as amended.
On joint application of the parties, the Circuit Court...
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Union Underwear Co. v. Aide, No. 12661
...M. Rude Carrier Corp., 138 W.Va. 218, 75 S.E.2d 584; Pancake Realty Co. v. Harber, 137 W.Va. 605, 73 S.E.2d 438; Weatherford v. Arter, 135 W.Va. 391, 63 S.E.2d 572; State v. A. R. Kelly & Co., 127 W.Va. 418, 33 S.E.2d 230. See also the article by Judge Haymond, 'Certified Cases Under th......
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Pope v. Edward M. Rude Carrier Corp., No. CC797
...will not be considered by this Court upon the present certificate. Means v. Kidd, 136 W.Va. 514, 67 S.E.2d 740; Weatherford v. Arter, 135 W.Va. 391, 63 S.E.2d The numerous matters embraced in the certificate, as summarized, present these three questions: [138 W.Va. 225] (1) Whether the inte......
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Aetna Cas. & Sur. Co. v. Federal Ins. Co. of New York, No. 12220
...v. Edward M. Rude Carrier Corporation, 138 W.Va. 218, 75 S.E.2d 584; Means v. Kidd, 136 W.Va. 514, 67 S.E.2d 740; Weatherford v. Arter, 135 W.Va. 391, 63 S.E.2d 572; Rader v. Campbell, 134 W.Va. 485, 61 S.E.2d 228; Weese v. Weese, 134 W.Va. 233, 58 S.E.2d 801; Charter v. Maxwell, 132 W.Va. ......
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Western Auto Supply Co. v. Dillard, No. 12801
...point 4 of the syllabus that 'This Court will not consider questions not acted upon by the trial court.' See also Weatherford v. Arter, 135 W.Va. 391, 63 S.E.2d 572; Weese v. Weese, 134 W.Va. 233, 58 S.E.2d 801; Posten v. Baltimore and Ohio Railroad Company, 93 W.Va. 612, 117 S.E. Upon the ......
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Union Underwear Co. v. Aide, No. 12661
...M. Rude Carrier Corp., 138 W.Va. 218, 75 S.E.2d 584; Pancake Realty Co. v. Harber, 137 W.Va. 605, 73 S.E.2d 438; Weatherford v. Arter, 135 W.Va. 391, 63 S.E.2d 572; State v. A. R. Kelly & Co., 127 W.Va. 418, 33 S.E.2d 230. See also the article by Judge Haymond, 'Certified Cases Under th......
-
Pope v. Edward M. Rude Carrier Corp., No. CC797
...will not be considered by this Court upon the present certificate. Means v. Kidd, 136 W.Va. 514, 67 S.E.2d 740; Weatherford v. Arter, 135 W.Va. 391, 63 S.E.2d The numerous matters embraced in the certificate, as summarized, present these three questions: [138 W.Va. 225] (1) Whether the inte......
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Aetna Cas. & Sur. Co. v. Federal Ins. Co. of New York, No. 12220
...v. Edward M. Rude Carrier Corporation, 138 W.Va. 218, 75 S.E.2d 584; Means v. Kidd, 136 W.Va. 514, 67 S.E.2d 740; Weatherford v. Arter, 135 W.Va. 391, 63 S.E.2d 572; Rader v. Campbell, 134 W.Va. 485, 61 S.E.2d 228; Weese v. Weese, 134 W.Va. 233, 58 S.E.2d 801; Charter v. Maxwell, 132 W.Va. ......
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Western Auto Supply Co. v. Dillard, No. 12801
...point 4 of the syllabus that 'This Court will not consider questions not acted upon by the trial court.' See also Weatherford v. Arter, 135 W.Va. 391, 63 S.E.2d 572; Weese v. Weese, 134 W.Va. 233, 58 S.E.2d 801; Posten v. Baltimore and Ohio Railroad Company, 93 W.Va. 612, 117 S.E. Upon the ......