Southern Railway Co. v. Forgey
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Bristol, in an action of assumpsit. Judgment against one defendant, who assigns error as to that judgment only, and not to the judgment in favor of the other defendant. The opinion sufficiently states the facts.
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Error to a judgment of the Corporation Court of the city of Bristol, in an action of assumpsit. Judgment against one defendant, who assigns error as to that judgment only, and not to the judgment in favor of the other defendant. The opinion sufficiently states the facts. Instruction Ho. 7, tendered by the defendant and rejected by the court, and instruction Ho. 5, given by the trial court, both of which are referred to in the opinion of this court, are as follows: Ho. 7. “Where an injury or loss is caused by the concurrent carelessness -or negligence of plaintiffs and defendant there can be…
1Opinion of the CourtBuchanan, J.
The defendants in error instituted an action of assumpsit ragainst the Norfolk and Western Railway Company and the 'Southern Railway Company to recover damages growing ont of an alleged breach of a contract for the transportation of a carload of horses and mules over the roads of the defendant companies, connecting carriers, from Morristown, in the State of 'Tennessee, to the city of Norfolk, in this State.
The declaration bases the right of the plaintiffs to recover upon three grounds: (1) That there was'unreasonable delay In the transportation of the horses and mules; (2) that the animals…
2Cases cited4 opinions
- Kimball & Fink v. BordenSupreme Court of Virginia · 1897
- Bush v. CampbellSupreme Court of Virginia · 1875
- Seaboard & Roanoke Railroad v. HickeySupreme Court of Virginia · 1904
- Richmond Passenger & Power Co. v. AllenSupreme Court of Virginia · 1903
3Cited by8 opinions
- Southern Railway Co. v. BaileySupreme Court of Virginia · 1910
- Clinchfield Coal Co. v. Wheeler's AdministratorSupreme Court of Virginia · 1908
- Chesapeake & Ohio Railway Co. v. CrumSupreme Court of Virginia · 1924
- Hutchinson v. Montgomery Memorial Park Corp.West Virginia Supreme Court · 1945
- Wilhelm v. Parkersburg, Marietta & Interurban Railway Co.West Virginia Supreme Court · 1914
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