· 7/12/1977
Chapman v. Kane Transfer Co., Inc.
Citations
- 236 S.E.2d 207
- 160 W. Va. 530
- 1977 W. Va. LEXIS 265
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- motion to dismiss treated as motion for summary judgment when court considers matters outside pleadings
- “The Rules permit a motion under Rule 12(b)(6) ... to be treated and considered as a motion for summary judgment along with matters outside the pleadings[.]”
- a negligence action brought by a shipper’s employee against a carrier
- “The trial court, in appraising the sufficiency of a complaint on a Rule 12(b)(6) motion, should not dismiss the complaint unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”
- “The trial court, in appraising the sufficiency of a complaint on a Rule 12(b)(6) motion, should not dismiss the complaint unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”
- “The trial court, in appraising the sufficiency of a complaint on a Rule 12(b)(6) motion, should not dismiss the complaint unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McGraw
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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