Opinion

Brewer v. Appalachian Constructors, Inc.

  • 135 W. Va. 739
  • 65 S.E.2d 87
  • 1951 W. Va. LEXIS 91
Court
West Virginia Supreme Court
Filed
May 8, 1951
Status
Published
Author
Fox
On the bench
Fox, Given
Cited by
38 cases

Overruled on other grounds by Mandolidis v. Elkins Industries, Inc., 161 W. Va. 695 (1978)

Later courts went against this

  • Overruled on other grounds by Mandolidis v. Elkins Industries, Inc., 161 W. Va. 695 (1978)

    135 W.Va. 739 [65 S.E.2d 87 (1951), overruled on other grounds, Mandolidis v. Elkins Industries, Inc., 161 W.Va. 695, 246 S.E.2d 907 (1978)].
    West Virginia Supreme CourtJun 27, 19782 citing opinionsother groundsRead it
  • Disapproved in part by Jones v. Appalachian Electric Power Co., 145 W. Va. 478 (1960)

    In view of the holding of this Court upon the question in this case, the language in the Brewer opinion to the contrary is disapproved.
    West Virginia Supreme CourtJul 19, 1960in partRead it

The opinion

*751 Fox, President,

concurring in result:

I concur in the result reached in this case, and I do not disagree with the reasoning of the opinion prepared by Judge Given. However, I would reach the same result on a different line of reasoning, so far as liability of the Christopher Coal Company is involved in this action. In my opinion that liability, if any, exists under a statute and has no relation whatever to the negligence with which the other defendants are charged. The Coal Company is immune from suit on account of such negligence by reason of being a subscriber to the Workmen’s Compensation Fund. I do not think the other defendants in the action can be joined with the Christopher Coal Company in an action based On their negligence, which, it is clear, is separate and distinct from any act or conduct of the Christopher Coal Company under which it could be made liable. The opinion as written will permit plaintiff to amend his declaration in such a way as to permit him to maintain his action against the Appalachian Constructors, Inc., the American Oil Company and the Christopher Coal Company. I do not think this can be done.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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