Norfolk & Western Railroad v. Wilson
Supreme Court of Virginia
Argued at Wytheville. Decided at Staunton. Error to judgment of circuit court of Montgomery county, rendered December 6, 1892, in an action of trespass on the case, wherein J. W. Wilson was plaintiff, and the Norfolk and Western railroad company was defendant.
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Argued at Wytheville. Decided at Staunton. Error to judgment of circuit court of Montgomery county, rendered December 6, 1892, in an action of trespass on the case, wherein J. W. Wilson was plaintiff, and the Norfolk and Western railroad company was defendant. The defendant demurred to the evidence, and the jury thereupon conditionally assessed the plaintiff’s damages at $680. The circuit court gave judgment on the demurrer for the plaintiff, to which judgment the company obtained a writ of error from one of the judges of this court. Opinion states the case.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The plaintiff was struck by a freight train on the defendant’s tracks at Christiansburg, and this action was brought to recover damages for the injuries thus inflicted. The company’s tracks at this point run east and west, and there are two main tracks — one for east-bound trains, the other for west-bound trains — and there are one or more sidings. The accident occurred about forty or fifty feet east of the depot building, which is on the south side of the tracks.
The plaintiff’s account' of the matter is, that immediately before the accident he…
2Cases cited6 opinions
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- Byrne v. New York Central & Hudson River R. R.New York Court of Appeals · 1887
- Troy v. Cape Fear & Yadkin Valley RailroadSupreme Court of North Carolina · 1888
- Va. Mid. R. R. Co. v. WhiteSupreme Court of Virginia · 1888
- Marks' Adm'r v. Petersburg RailroadSupreme Court of Virginia · 1891
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