Shaffer v. Acme Limestone Co., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing “general rule that nonjurisdictional questions not raised at the circuit court level, but raised for the first time on appeal, will not be considered.”
• “Our general rule is that nonjurisdictional questions . . . raised for the first time on appeal, will not be considered.”
• private cause of action exists under W. Va.Code § 17C-17-9(b) for plaintiff whose decedent was killed in accident with overloaded truck
• “Our general rule is that nonjurisdictional questions . . . raised for the first time on appeal, will not be considered.”
• because “the hazard training [the quarry owner] required of [trucking company] employees was imposed by law,” such requirements did “not amount to showing ‘power of control’ within the meaning of Paxton”
• “When a statute imposes a duty on a person for the protection of others, it is a public safety statute and a violation of such a statute is prima facie evidence of negligence unless the statute says otherwise.”

Source: CourtListener parenthetical corpus (CC0).