Bertha Zinc Co. v. Martin's Adm'r
Supreme Court of Virginia
Argued at Wytheville. Decided at Staunton. Error to a judgment of the Circuit Court of Wythe county, rendered September 26,1898, in an action of trespass on the case wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of trespass on the case brought by Samuel Martin’s administrator against the Bertha Zinc Company to recover damages for the death of the plaintiff’s intestate occasioned by an explosion of dynamite.
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Argued at Wytheville. Decided at Staunton. Error to a judgment of the Circuit Court of Wythe county, rendered September 26,1898, in an action of trespass on the case wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of trespass on the case brought by Samuel Martin’s administrator against the Bertha Zinc Company to recover damages for the death of the plaintiff’s intestate occasioned by an explosion of dynamite. There was a verdict and judgment for the plaintiff for the sum of five thousand dollars. The plaintiff was engaged to…
1Opinion of the CourtBuchanan, J.
It is assigned as error that, whilst the declaration avers that the defendant’s intestate was required by the plaintiff in error to work near by a fire where dynamite was being thawed, and which place of work was improper, unsafe, and dangerous on account of its proximity to the dynamite, the proof shows that the intestate was not at his place of work, but had gone from it to a fire where the dynamite was being thawed from fifteen to fifty feet distant, and received the injuries which caused his death at the fire and not at his place of work, and that therefore there was a variance between…
2Cases cited2 opinions
- Berns v. Graston Gas Coal Co.West Virginia Supreme Court · 1885
- Richlands Iron Co. v. ElkinsSupreme Court of Virginia · 1893
3Cited by59 opinions
- Richmond Locomotive Works v. FordSupreme Court of Virginia · 1897
- Jeffress v. Virginia Railway & Power Co.Supreme Court of Virginia · 1920
- Norfolk & Western Railway Co. v. Cromer's AdministratrixSupreme Court of Virginia · 1901
- Chesapeake & Ohio Railway Co. v. StockSupreme Court of Virginia · 1905
- Schwartz v. ShullWest Virginia Supreme Court · 1898
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