Rudd's Adm'r v. R. & D. Railroad
Supreme Court of Virginia
Argued at Richmond, and decided at Wytheville. Error to judgment of circuit court of Nottoway county, rendered 6th April, 1883, in an action wherein Joseph E. Leath, administrator of Charles E. Rudd, deceased, was plaintiff, and the Richmond and Danville Railroad Company was defendant. The object of the action was to recover damages for the alleged negligent killing of Rudd, an infant aged twelve, by the-defendant.
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Argued at Richmond, and decided at Wytheville. Error to judgment of circuit court of Nottoway county, rendered 6th April, 1883, in an action wherein Joseph E. Leath, administrator of Charles E. Rudd, deceased, was plaintiff, and the Richmond and Danville Railroad Company was defendant. The object of the action was to recover damages for the alleged negligent killing of Rudd, an infant aged twelve, by the-defendant. At the trial the jury found for the plaintiff $4750 damages, subject to the defendant’s demurrer to the evidence. On that demurrer the judgment was for the defendant, and the…
1Opinion of the CourtEaurtleroy, J.
This suit is an action of trespass on the ease against the said railroad company for the negligent killing of the deceased Charles E. Rudd, laying the damages at $10,000.
TJpon the trial in the court below, after the jury had heard all the.testimony for the plaintiff and defendant, the said defendant demurred to the testimony as being insufficient in law to maintain the issue joined, of not guilty; the plaintiff joined in the said demurrer: whereupon the issue was submitted to the jury to say, what damage the plaintiff had sustained by reason of the matters shown in evidence, in case -the…
2Cited by14 opinions
- Johnson's Adm'r v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1895
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- Fisher v. West Virginia & P. R.West Virginia Supreme Court · 1896
- Norfolk & Western Railway Co. v. HendersonSupreme Court of Virginia · 1922
- Farley's Administrator v. R. & D. R. R.Supreme Court of Virginia · 1886
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