Day v. Atlantic Coast Line R.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Virginia, at Richmond. Action by W. T. Day against the Atlantic Coast Dine Railroad Company. Judgment for defendant, and plaintiff brings error. Plaintiff in error, hereinafter called the “plaintiff,” sued the defendant in error, hereinafter called the “defendant,” for the recovery of damages alleged to have been sustained by a personal injury caused by the negligence of defendant.
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In Error to the Circuit Court of the United States for the Eastern District of Virginia, at Richmond. Action by W. T. Day against the Atlantic Coast Dine Railroad Company. Judgment for defendant, and plaintiff brings error. Plaintiff in error, hereinafter called the “plaintiff,” sued the defendant in error, hereinafter called the “defendant,” for the recovery of damages alleged to have been sustained by a personal injury caused by the negligence of defendant. In his declaration he avers: That on and prior to August 2, 1907, he was in the employment of defendant as an engineman, operating and…
1Opinion of the CourtConnor, District Judge
(after stating the facts as above). Passing, for the present, other questions discussed on the argument, we pause to inquire whether, as alleged by plaintiff, the Constitution of Virginia, section 162 (Code 1904, p. cclix), prohibits or invalidates the contract relied upon by defendant, as the basis of the release by the plaintiff, of the cause of action set out in the declaration. For this purpose the averments of the declaration are taken to be admitted by the special plea, and those of the plea to be admitted by the demurrer. So much of section 162 of the Constitution of Virginia as…
2Cases cited5 opinions
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Chicago, Kansas & Western Railroad v. PontiusSupreme Court of the United States · 1895
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
- Atlantic Coast Line R. v. DunningCourt of Appeals for the Fourth Circuit · 1908
- Hamilton v. St. Louis, K. & N. W. R. Co.U.S. Circuit Court for the District of Eastern Missouri · 1902
3Cited by2 opinions
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Drobney v. Lukens Iron & Steel Co.Court of Appeals for the Second Circuit · 1913