Norfolk & Western R. v. Ampey
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Petersburg, rendered February 2, 1894, in an action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The plaintiff sued for an injury inflicted on him, as he alleged, by the negligence of the defendant, whereby he sustained the loss of his right hand.
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Error to a judgment of the Corporation Court of the city of Petersburg, rendered February 2, 1894, in an action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The plaintiff sued for an injury inflicted on him, as he alleged, by the negligence of the defendant, whereby he sustained the loss of his right hand. There was a verdict and judgment in favor of the plaintiff for $3,500. The evidence sufficiently appears in the opinion of the court. There was but one bill of exceptions filed in the case. This bill not only…
1Opinion of the CourtRiely, J.
The declaration contains three counts. The defendant demurred to the whole declaration and also to each count thereof, in which demurrers the plaintiff joined. The Corporation Court overruled the demurrers; and this action of the ■court constitutes the first assignment of error.
The main objection to the declaration relates to the first ■count; and the foundation of the objection is that this count alleges three distinct grounds of negligence as the cause of the injury sustained by the plaintiff, either of which would of itself, independently of the others, constitute a ■sufficient ground for…
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