N. & W. R. R. v. Harman's Administrator
Supreme Court of Virginia
Error to judgment of circuit court of Montgomery county, rendered tenth December, 1886, in the action of trespass on the case for damages under Code 1873, chapter 145, §§ 7, 8, 9 and 10, for the negligent killing of one Taylor Harman by the Norfolk & Western Railroad Company, wherein his administrator, Hannibal Harman, was plaintiff, and said company was defendant.
Read the full summary
Error to judgment of circuit court of Montgomery county, rendered tenth December, 1886, in the action of trespass on the case for damages under Code 1873, chapter 145, §§ 7, 8, 9 and 10, for the negligent killing of one Taylor Harman by the Norfolk & Western Railroad Company, wherein his administrator, Hannibal Harman, was plaintiff, and said company was defendant. During the trial the defendant took several bills of exceptions to the rulings of the court, which are treated of in the opinion. When all the evidence on both sides had been given to the jury the defendant demurred to the…
1Opinion of the CourtRichardson, J.
This court is of opinion that the circuit court did not err in overruling the defendant’s demurrer to the plaintiff’s declaration. The principle stated by Lacy, J.,in Dun v. Seaboard and Roanoke R. R. Co., 78 Va. 645, and in numerous other cases, has no application here. In that case the facts were admitted on the face of the declaration, and the question of law was, therefore, submitted to the court: “Is the plaintiff entitled to any recovery ?” That case decides that a passenger riding with his arm protruding through the window of a moving car is guilty of negligence per se; and this fact…
2Cases cited2 opinions
- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
- Balt. & Ohio R. R. v. Sherman's Adm'xSupreme Court of Virginia · 1878
3Cited by18 opinions
- Hortenstein v. Virginia-Carolina Railway Co.Supreme Court of Virginia · 1904
- Raines v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1894
- Atlantic & Danville Railway Co. v. ReigerSupreme Court of Virginia · 1897
- Seaboard & Roanoke Railroad v. Joyner's Adm'rSupreme Court of Virginia · 1895
- Spicer v. Chesapeake & O. R'y Co.West Virginia Supreme Court · 1890
13 more not listed; retrieve them via the Exa API.