Legal Opinion

N. & W. Railroad v. Wysor

Supreme Court of Virginia

Decided July 8, 1886PublishedCited by 12 opinions

Error to judgment of circuit court of Wythe county, rendered November 26th, 1885, in an action wherein H. C. Wysor was plaintiff and the Norfolk and Western Railroad Company was defendant. Verdict was for plaintiff for $550 damages. On divers points, saved at the trial, the defendant company obtained a writ of error and supersedeas.

1Opinion of the CourtFauntleroy, J.

This suit is a common law action of trespass on the case for damages for the alleged violation by the defendant company of its special contract with the plaintiff, embodied in the terms and conditions of what is called a “commutation ticket,” and entitled on its face: “No. 161. Norfolk and Western Railroad Company. 2,500 mile ticket. Form C. Good over the Norfolk and Western railroad, and all divisions, and Shenandoah Valley railroad.” There was a general demurrer to the declaration, which was overruled. by the court. The declaration sets out a special contract, made by the plaintiff with the…

2Cited by12 opinions

  1. Farish & Co. v. ReigleSupreme Court of Virginia · 1854
  2. Norfolk & Western Railroad v. AndersonSupreme Court of Virginia · 1893
  3. Pullman Car Co. v. KraussSupreme Court of Alabama · 1906
  4. Levy v. Runnells (In Re Landbank Equity Corp.)United States Bankruptcy Court, E.D. Virginia · 1986
  5. Gregory v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1896

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