Clark v. City of Richmond
Supreme Court of Virginia
Error to judgment of circuit court of city of Richmond,, rendered on the tenth day of July, 1884, in an action at law, wherein Frank A. Clark, an infant suing by next friend, was plaintiff, and the city of Richmond was defendant. At the trial the plaintiff asked for instructions, which the court denied, but gave instead an instruction of its own.
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Error to judgment of circuit court of city of Richmond,, rendered on the tenth day of July, 1884, in an action at law, wherein Frank A. Clark, an infant suing by next friend, was plaintiff, and the city of Richmond was defendant. At the trial the plaintiff asked for instructions, which the court denied, but gave instead an instruction of its own. Whereupon the plaintiff filed his bill of exceptions to the ruling of the court, wherein he set out that he- “ introduced testimony tending to prove ” his case, &c., but did not set forth all the evidence that was before the jury. Ho motion was made…
1Opinion of the CourtHinton, J.
This is an action of tort brought by Frank A. Clark, an infant of tender years, who sues by his next friend, against the city of Richmond, to recover damages for injuries sustained by him in falling into an open area. which, it is charged, the city allowed to remain without a sufficient barrier.
There was a demurrer to the declaration and each count thereof, which being overruled, the parties went to trial,, when the jury found a verdict for the defendant.
The plaintiff now complains that the court erred to his-prejudice in refusing to give certain instructions asked for by him, and in giving…
2Cases cited4 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1879
- Zettler v. City of AtlantaSupreme Court of Georgia · 1880
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- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- City of Norfolk v. HallSupreme Court of Virginia · 1940
- Moran v. Pullman Palace Car Co.Supreme Court of Missouri · 1896
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