Houston v. Lynchburg Traction & Light Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Lynchburg, in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error.
1Opinion of the CourtKelly, J.
This case is here upon a writ of error to a judgment of the- Circuit Court of the city of Lynchburg, sustaining a demurrer to the plaintiff’s declaration.. The decision really turns upon the action of the court upon a demurrer to an amended declaration, and the point is made, among others, on behalf of the defendant, that the amended declaration is so materially different from the original as to place the plaintiff in the position of assuming inconsistent positions in the same case. We think there is no merit whatever in this contention, as there is no material difference between the original…
2Cases cited4 opinions
- Atlanta Consolidated Street Ry. Co. v. BatesSupreme Court of Georgia · 1898
- Melton v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1907
- Norfolk & Western Railway Co. v. RhodesSupreme Court of Virginia · 1909
- Richmond Traction Co. v. WilliamsSupreme Court of Virginia · 1904
3Cited by7 opinions
- Federal Land Bank v. BirchfieldSupreme Court of Virginia · 1939
- Whitmore v. HerrickSupreme Court of Iowa · 1928
- Jacobson v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1922
- Virginia Railway & Power Co. v. DresslerSupreme Court of Virginia · 1922
- Tri-State Coach Corp. v. StidhamSupreme Court of Virginia · 1951
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