Russell Creek Coal Co. v. Wells
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Wise county rendered December 12, 1896, in an action of trespass on the case whereiu the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence in this cause sufficiently appears in the opinion of the court.
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Error to a judgment of the Circuit Court of Wise county rendered December 12, 1896, in an action of trespass on the case whereiu the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence in this cause sufficiently appears in the opinion of the court. All of the instructions objected to are quoted in the opinion except “ No. 9,” offered by the defendant company, which is as follows: “ The court tells the jury that the plaintiff cannot base his right of recovery in this case upon evidence coming from the defendant’s witnesses which contradicts his own…
1Opinion of the CourtCardwell, J.
The defendant in error (plaintiff in the court below) received injuries by the falling of a piece of slate from the roof of the coal mine of the defendant company in which he was working, and brought this suit, in the Circuit Court of Wise county, to recover damages therefor, and upon the trial, judgment was rendered against the defendant company for $2,000.
*420A bill of exceptions was taken to the action of the lower court in overruling the demurrer to the plaintiff’s declaration. This was unnecessary, as the judgment upon the demurrer was sufficient to bring this ruling under review by this…
2Cases cited4 opinions
- Bertha Zinc Co. v. Martin's Adm'rSupreme Court of Virginia · 1895
- Richmond Locomotive Works v. FordSupreme Court of Virginia · 1897
- Wormell v. Maine Central RailroadSupreme Judicial Court of Maine · 1887
- Jones v. Old Dominion Cotton MillsSupreme Court of Virginia · 1886
3Cited by30 opinions
- Tri-State Coach Corp. v. WalshSupreme Court of Virginia · 1948
- Chesapeake & Ohio Railway Co. v. Sparrow's Admr.Supreme Court of Virginia · 1900
- Lane Bros. & Co. v. BausermanSupreme Court of Virginia · 1904
- Squilache v. Tidewater Coal & Coke Co.West Virginia Supreme Court · 1908
- Louisville & N. R. R. v. Pointer's Admr.Court of Appeals of Kentucky · 1902
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