Chesapeake & Ohio Railway Co. v. Fortune
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Alleghany county, in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error.
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
E. L. Fortune brought suit in the circuit court of Alleghany county to recover damages for the loss of his leg, occasioned, as he alleges, by the negligent conduct of the Chesapeake and Ohio Eailway Company. There was a verdict and judgment in his favor for $5,500, to which the railroad company obtained a writ of error.
The first assignment of error is that the court overruled the demurrer to the declaration.
There were five counts in the declaration, which state the plaintiffs case in a manner somewhat varying as to details; but the cause of action…
2Cases cited2 opinions
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- George v. PilcherSupreme Court of Virginia · 1877
3Cited by8 opinions
- Bolling v. United StatesCourt of Appeals for the Fourth Circuit · 1927
- Dumphy v. Norfolk & Western Ry. Co.West Virginia Supreme Court · 1918
- Franklin Sugar Refining Co. v. Luray Supply Co.Court of Appeals for the Fourth Circuit · 1925
- Jacobs v. WarthenSupreme Court of Virginia · 1913
- Kidwell v. Chesapeake & Ohio Railway Co.West Virginia Supreme Court · 1913
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