Sheeler's Adm'r v. C. & O. R. R.
Supreme Court of Virginia
Error to judgment of circuit court of Bath county, in an action of trespass on the case, wherein the administrator of Thomas A. Sheeler, deceased, was plaintiff, and the Chesapeake and Ohio Railroad Company was defendant. Argued at Staunton, but decided at Richmond. The object of the suit was to recover damages for the negligent killing of the plaintiff’s intestate by the defendant. At the trial the defendant demurred to the plaintiff’s evidence.
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Error to judgment of circuit court of Bath county, in an action of trespass on the case, wherein the administrator of Thomas A. Sheeler, deceased, was plaintiff, and the Chesapeake and Ohio Railroad Company was defendant. Argued at Staunton, but decided at Richmond. The object of the suit was to recover damages for the negligent killing of the plaintiff’s intestate by the defendant. At the trial the defendant demurred to the plaintiff’s evidence. The jury rendered a verdict that the plaintiff recover of the defendant the sum of $2,500 damages, subject to the opinion of the court on the…
1Opinion of the CourtRichardson, J.
The declaration contains but one count, the gravamen of which is, that the deceased, a firemen in the employment of the defendant company, lost his life while in the discharge of his duty as such fireman, by reason of the defendant’s negligent and careless construction, at a point in the line of its road, of a bridge, the upright sides of which were not, sufficiently distant from the engines and cars when passing over same to *190allow and permit the plaintiff’s intestate, as such fireman, to properly discharge his duties as firemen without incurring unreasonable risk and danger to his life and…
2Cases cited5 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- N. & W. R. R. v. FergusonSupreme Court of Virginia · 1884
- Clark's Adm'r v. R. & D. R. R.Supreme Court of Virginia · 1884
- Faulkner v. Erie RailwayNew York Supreme Court · 1867
3Cited by14 opinions
- Woodell v. West Virginia Improvement Co.West Virginia Supreme Court · 1893
- Darracott v. Chesapeake & Ohio R. R.Supreme Court of Virginia · 1887
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HaasIndiana Court of Appeals · 1905
- Southern Railway Co. v. Johnson's AdministratrixSupreme Court of Virginia · 1910
- N. & W. R. R. v. Jackson's Adm'rSupreme Court of Virginia · 1888
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