Norfolk & Western R. v. Carter
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Russell county, rendered November 11, 1893, in action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant.
Read the full summary
Error to a judgment of the Circuit Court of Russell county, rendered November 11, 1893, in action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of trespass on the case, in the Circuit Court of Russell county, brought by Jack Carter against the Norfolk and "Western Railroad Company to recover damages alleged to have been committed by the defendant company on the lands of the plaintiff. The evidence sufficiently appears in the opinion of the court. The following are the instructions referred to and…
1Opinion of the CourtRiely, J.
Upon the calling of the case for trial, the counsel for the defendant company moved the court to dismiss it, upon the ground that it appeared that process to commence the suit had been served on an agent of the company less than ten days before the return day. Code of Virginia, sec. 3227. This the court refused to do. A motion was then made upon the same ground to quash the return of the sheriff on the process, which motion the court sustained, and remanded the case to rules. The refusal of the court to dismiss the suit constitutes the first assignment of error. The action of the court was…
2Cases cited6 opinions
- Chalkley v. City of RichmondSupreme Court of Virginia · 1891
- Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876
- Sabin v. Vermont Central RailroadSupreme Court of Vermont · 1853
- Jenkins v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
- Beard v. MurphySupreme Court of Vermont · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Jordan v. City of BenwoodWest Virginia Supreme Court · 1896
- Keys v. RomleyCalifornia Supreme Court · 1966
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
- Lane Bros. & Co. v. BausermanSupreme Court of Virginia · 1904
- Butler v. BrunoSupreme Court of Rhode Island · 1975
35 more not listed; retrieve them via the Exa API.