Legal Opinion

Going's Administratrix v. Norfolk & Western Railway Co.

Supreme Court of Virginia

Decided September 11, 1916PublishedCited by 7 opinions

Error to a judgment of the Circuit Court of Roanoke county in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error.

1Opinion of the CourtSims, J.

In this action for damages there was a verdict and judgment in favor of the defendant railway company in the court below.

Plaintiff’s own witnesses testified to the following facts: Plaintiff’s intestate, Nathan W. Going, was a locomotive fireman in the employment of the defendant. On October 29, 1914, the day he was killed, he was engaged in his duties on a pusher engine on defendant’s road between Roanoke, Vá., and Blue Ridge, Va. This pusher engine had just assisted an interstate freight train from Bonsack to Blue Ridge, on the top of the mountain, and had returned to Bonsack, where it was…

2Cases cited5 opinions

  1. Minneapolis & St. Louis Railroad v. BombolisSupreme Court of the United States · 1916
  2. Chesapeake & Ohio Railway Co. v. CarnahanSupreme Court of the United States · 1916
  3. Chesapeake & Ohio Railway Co. v. CarnahanSupreme Court of Virginia · 1915
  4. Straus v. Bodeker's Ex'xSupreme Court of Virginia · 1889
  5. Norfolk & Western Railway Co. v. Sollenberger's AdministratorSupreme Court of Virginia · 1910

3Cited by7 opinions

  1. Abdell v. CommonwealthSupreme Court of Virginia · 1939
  2. Norfolk & Western Railway Co. v. HendersonSupreme Court of Virginia · 1922
  3. Henderson v. FosterSupreme Court of Virginia · 1924
  4. City of Staunton v. AldhizerSupreme Court of Virginia · 1971
  5. Burkland v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1936

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