Matthews v. Warner's adm'r
Supreme Court of Virginia
This was an action of trespass on the case in the circuit court of Accomac county, brought by John J. Tunnell, administrator of Montesco Warner, deceased, against Pranklin M. Matthews, to recover damages for the killing of Warner by Matthews. . On the trial, Hie evidence showed that after receiving very abusive language from Warner, and that repeated, Matthews shot him, and that lie died from the effects of the shot in about ten days.
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This was an action of trespass on the case in the circuit court of Accomac county, brought by John J. Tunnell, administrator of Montesco Warner, deceased, against Pranklin M. Matthews, to recover damages for the killing of Warner by Matthews. . On the trial, Hie evidence showed that after receiving very abusive language from Warner, and that repeated, Matthews shot him, and that lie died from the effects of the shot in about ten days. They were both young and unmarried men, and Warner much the most powerful of the two. His mother was the wife of the plaintiff', and it did not appear that he…
1Opinion of the CourtChristian, J.
This is a writ of error to a judgment of the circuit court of Accomac county.
The suit was brought hy the personal representative of Warner to recover damages of Matthews, under the 7th and 8th sections of chapter 145, Code of 1878, which provide that a claim for damages may be maintained by the personal representative of one whose death has been occasioned “ by the wrongful act, neglect, or default of any person or corporation.” The certificate of facts show that Warner was shot and killed by Matthews under circumstances which, if not such as the law declares to be murder in the second…
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