Director-General of Railroads, & Carolina, Clinchfield & Ohio Railway v. Bryant's Adm'r
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Russell county, in an action of trespass on the case. Judgment for plaintiff. Defendant.assigns error. In this case the defendant in error obtained a verdict and judgment in the court below against the plaintiffs in error for the death of C. N. Bryant, an employee of the railway company, which occurred by drowning. The latter will be hereinafter referred to as the deceased.
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Error to a judgment of the Circuit Court of Russell county, in an action of trespass on the case. Judgment for plaintiff. Defendant.assigns error. In this case the defendant in error obtained a verdict and judgment in the court below against the plaintiffs in error for the death of C. N. Bryant, an employee of the railway company, which occurred by drowning. The latter will be hereinafter referred to as the deceased. There is no conflict .in the testimony in the case which involves the credibility of witnesses. Indeed, there cannot be said to be any conflict on any material point in any of…
1Opinion of the Court
Sims, J.,
after making- the foregoing statement, delivered the following opinion of the court:
There are numerous assignments of error, but in the view we take of the case it is necessary for us to consider but one question raised thereby, and that is as follows:
1. Is there any evidence in the record to support the verdict of the jury in finding that the railway company was guilty of any negligence which was the cause of the fall of the building into the stream, which resulted in the death of the deceased by drowning?
We are of the opinion that the question must be answered in the negative.
In…
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