Wilmouth's Adm'r v. Southern Railway Co.
Supreme Court of Virginia
Error to a judgment of the Corporation Court of city of Danville in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. This is an action instituted by the plaintiff in error against the Southern Railway Company (the defendant in error) to recover damages for the killing of the plaintiff’s intestate on a much-used street crossing of the railway company in the suburbs, but within the corporate limits of the city of Danville.
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Error to a judgment of the Corporation Court of city of Danville in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. This is an action instituted by the plaintiff in error against the Southern Railway Company (the defendant in error) to recover damages for the killing of the plaintiff’s intestate on a much-used street crossing of the railway company in the suburbs, but within the corporate limits of the city of Danville. The accident occurred on a Sunday, about ten o’clock in the forenoon, of a clear, bright day. There was a trial by jury, and after…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The turning points of the case before us lie within a very narrow compass, and, under the rules on the subject, too firmly established to be changed except by statute, the contributory negligence of the plaintiff’s intestate was the proximate cause of his death and bars any recovery by the plaintiff. And there is no statute in force with us, State or Federal, which changes such common law rule as it affects others than employees of a railroad company.
[1] It is true that in accordance with the evidence…
2Cases cited16 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Washington Southern Railway Co. v. LaceySupreme Court of Virginia · 1897
- Washington & Old Dominion Railway Co. v. Zell's AdministratorSupreme Court of Virginia · 1915
- Southern Railway Co. v. Bryant's Adm'rSupreme Court of Virginia · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Whiffin v. Union Pacific RailroadIdaho Supreme Court · 1939
- Davis v. McCallSupreme Court of Virginia · 1922
- Gray v. N. & W. Railway Co.West Virginia Supreme Court · 1925
- Southern Railway Co. v. CampbellSupreme Court of Virginia · 1939
- Chesapeake & Ohio Railway Co. v. MeyerCourt of Appeals of Virginia · 1928
6 more not listed; retrieve them via the Exa API.