# Brewer v. Appalachian Constructors, Inc.

> West Virginia Supreme Court · May 8, 1951 · 135 W. Va. 739

URL: https://www.frixlaw.com/law-library/cases/9565239

## Case

- **Full name:** John D. Brewer v. Appalachian Constructors, Inc., Et Al.
- **Court:** West Virginia Supreme Court
- **Decided:** May 8, 1951
- **Citations:** 135 W. Va. 739; 65 S.E.2d 87; 1951 W. Va. LEXIS 91
- **Precedential status:** Published
- **Opinion:** Concurrence by Fox
- **Judges:** Fox, Given
- **Cited by:** 38 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Mandolidis v. Elkins Industries, Inc., 161 W. Va. 695 (1978).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9565239

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9565239. Public record. Not legal advice.