Clark's Adm'r v. R. & D. R. R.
Supreme Court of Virginia
Error to judgment of circuit court of Danville, rendered June 14th, 1880, in action of trespass on the case wherein Hatcher E. Clark, administrator of James H. Clark, deceased, was plaintiff, and the Richmond and Danville Railroad Company was defendant. Object of action was compensation for defendant’s negligent killing of intestate, an employee on said road. Defendant demurred to evidence. Verdict for $7,500, subject to judgment on the demurrer, which was sustained.
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Error to judgment of circuit court of Danville, rendered June 14th, 1880, in action of trespass on the case wherein Hatcher E. Clark, administrator of James H. Clark, deceased, was plaintiff, and the Richmond and Danville Railroad Company was defendant. Object of action was compensation for defendant’s negligent killing of intestate, an employee on said road. Defendant demurred to evidence. Verdict for $7,500, subject to judgment on the demurrer, which was sustained. To this judgment plaintiff obtained a writ of error.
1Opinion of the CourtLacy, J.
The deceased, James H. Clark, was a brakeman upon a freight train of the defendant company. He lost his life on the 21st day of February, 1880, while in discharge of his duties as brakeman, and his administrator, the plaintiff in error, brought this suit to recover of the defendant in error damages, on the ground .that his death was due to the negligence of the defendant in error.
The defendant demurred to the evidence, and the court compelled the plaintiff to join therein. .The jury assessed the damages of the plaintiff, if judgment should be for him, at $7,500. The court sustained the…
2Cases cited15 opinions
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
- Buzzell v. Laconia Manufacturing Co.Supreme Judicial Court of Maine · 1861
- Cumberland & Pennsylvania Rail Road v. State ex rel. MoranCourt of Appeals of Maryland · 1876
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3Cited by19 opinions
- Baltimore & Ohio & Chicago Railroad v. RowanIndiana Supreme Court · 1885
- Johnson's Adm'r v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1895
- Woodell v. West Virginia Improvement Co.West Virginia Supreme Court · 1893
- Darracott v. Chesapeake & Ohio R. R.Supreme Court of Virginia · 1887
- So. W. Improvement Co. v. Smith's Adm'rSupreme Court of Virginia · 1888
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