Legal Opinion

Poplin's Administratrix v. Southern Railway Co.

Supreme Court of Virginia

Decided June 14, 1906Published

Error to a judgment of the Corporation Court of the city of Danville in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error.

1Opinion of the CourtWhittle, J.

The preliminary question of the jurisdiction of the trial •court to take cognizance of the case in judgment cannot he considered on this writ of error. Upon a-general replication to .a plea to the jurisdiction the court overruled the plea; but the evidence upon which the judgment ivas predicated is not made part of the record either by bill of exception or otherwise, and the court’s ruling is, therefore, not subject to review.

The essential facts out of Avhich the accident, upon which this action is founded, arose are as folloAvs:

About midnight of August 10, 1903, the yard crew of the…

2Cases cited5 opinions

  1. Bass' Administrator v. Norfolk Railway & Light Co.Supreme Court of Virginia · 1901
  2. Wood's Administratrix v. Southern Railway Co.Supreme Court of Virginia · 1905
  3. Fisher's Administrator v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1905
  4. Lane Bros. & Co. v. BottSupreme Court of Virginia · 1905
  5. Chesapeake & Ohio Railway Co. v. PierceSupreme Court of Virginia · 1904

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