Real West Virginia Justice – Marmaduke Dent

Justice Dent declared war on the railroads by trying to restrain their open abuse of the special privileges granted to them by state charters. Dent generally constituted a minority of one on the court. He adhered to the theory that a judge must take ‘‘justice’’ into consideration when deciding a case, for example, by balancing the weakness of the poor victim against the power of the wealthy corporation. He reasoned that the state had created the corporations for public purposes and, therefore, should limit corporate powers when their actions were harmful to the public. Hence, Dent was much more likely to hold the railroads to a higher standard of behavior, and award damages to plaintiffs, than the pro-industry majority on the court.

via e-WV | Marmaduke Dent.

You Might Also Like

Leave a Reply, Please!

This site uses Akismet to reduce spam. Learn how your comment data is processed.