Shiveley's Administrator v. Norfolk & Western Railway Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Appomattox county in an action of trespass on the case. Judgment for defendant. Plaintiff assigns error. The opinion states the case.
1Opinion of the CourtPeentis, J.
[1] W. H. Shiveley was killed on December 17, 1915, by a train of the Norfolk and Western Railway Company. His administrator sued the company, alleging that his death was caused by its negligence, and, upon the first trial, se^ cured a verdict for $10,000. The company made a motion to set aside that verdict, which motion was sustained and a new trial granted. Upon the new trial neither party introduced any evidence, and there was a verdict and judgment for the company, of which the plaintiff in error is here complaining.
The rule in such cases is that the court will look first to the record of…
2Cases cited23 opinions
- Hortenstein v. Virginia-Carolina Railway Co.Supreme Court of Virginia · 1904
- Atlantic & Danville Railway Co. v. ReigerSupreme Court of Virginia · 1897
- International & Great Northern Railway Co. v. GrayTexas Supreme Court · 1885
- Washington & Old Dominion Railway v. Ward's AdministratorSupreme Court of Virginia · 1916
- Blankenship v. Chesapeake & O. R. Co.Supreme Court of Virginia · 1897
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3Cited by6 opinions
- Virginian Railway Co. v. HaleySupreme Court of Virginia · 1931
- Etheridge v. Norfolk Southern RailroadSupreme Court of Virginia · 1925
- Hawkins v. BeechamSupreme Court of Virginia · 1937
- Chesapeake & Ohio Railway Co. v. Bullington's Adm'rSupreme Court of Virginia · 1923
- Norfolk & Western Railway Co. v. SimmonsSupreme Court of Virginia · 1920
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