Farley's Administrator v. R. & D. R. R.
Supreme Court of Virginia
Error to judgment of circuit court of Chesterfield county, rendered 26th May, 1883, in an action of trespass on the case for damages for the negligent killing of John'T. Farley, wherein M. E. Richerson, administrator of said Farley, was plaintiff, and the Richmond & Danville Railroad Company was defendant.
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Error to judgment of circuit court of Chesterfield county, rendered 26th May, 1883, in an action of trespass on the case for damages for the negligent killing of John'T. Farley, wherein M. E. Richerson, administrator of said Farley, was plaintiff, and the Richmond & Danville Railroad Company was defendant. A verdict was rendered for $10,000 damages, subject to the demurrer to the plaintiff’s evidence; which demurrer the court sustained, and rendered judgment for the defendant. And to this judgment the plaintiff obtained from one of the judges of this court a writ of error and supersedeas.
1Opinion of the CourtHinton, J.
The only question in this case is whether the demurrer to the evidence was properly sustained.
The rule in regard to contributory negligence as laid down in Tuff v. Warman, 5 C. B. (N. S.), 573, the leading case on the subject, is that where the plaintiff has so far contributed to the misfortune by his own negligence or want of ordinary and common care, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened, there the damages cannot be apportioned and the plaintiff cannot recover. But to this rule there is this important…
2Cases cited2 opinions
- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
- Rudd's Adm'r v. R. & D. RailroadSupreme Court of Virginia · 1885
3Cited by9 opinions
- Johnson's Adm'r v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1895
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- Chesapeake & Ohio Railway Co. v. Corbin's Adm'r.Supreme Court of Virginia · 1909
- Lavell v. Gold's Adm'rSupreme Court of Virginia · 1874
- Lavell v. Gold's Adm'rSupreme Court of Virginia · 1874
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