Norfolk & Western Railway Co. v. Brame
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Henry county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The opinion states the case.
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Error to a judgment of the Circuit Court of Henry county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The opinion states the case. The instructions given by the trial court were as follows: “A. The court instructs the jury, that those in charge of a passenger train have the right to preserve order, remove disorderly passengers to such safe and convenient places as will prevent annoyance to passengers or trainmen, and even to stop the train and eject such disorderly persons therefrom, but in exercising such right those having charge of such train…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
This is a suit instituted by William J. Brame to recover damages from the Norfolk and Western Eailway Company, on account of injuries received in consequence of an assault made upon him- by a brakeman of that road, while a passenger upon one of its trains.
The evidence shows that Brame entered the train of the Norfolk and Western Eailway Company in an intoxicated condition. As some of the witnesses express it, he was “violently drunk,” and some disagreement having arisen between himself *426and the conductor as to the payment of a cash fare, he not…
2Cases cited1 opinion
- Norfolk & Western Railway Co. v. BirchfieldSupreme Court of Virginia · 1906
3Cited by7 opinions
- E. I. Du Pont, etc., Co. v. Snead's Adm'rSupreme Court of Virginia · 1919
- Frank v. Monongahela Valley Traction Co.West Virginia Supreme Court · 1914
- Georgia-Alabama Coca-Cola Bottling Co. v. WhiteCourt of Appeals of Georgia · 1937
- Billy v. PowellWest Virginia Supreme Court · 1949
- Simpson v. Broadway-Manhattan Taxicab Corp.Supreme Court of Virginia · 1962
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