Persinger's Admr'x v. Alleghany Ore & Iron Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Botetourt county, in an action of trespass on the case, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant.
1Opinion of the CourtBuchanan, J.
This is an action to recover damages for the "killing of William D. Persinger, caused, as his administratrix claims, by the defendant company’s negligence.
Upon the trial of the cause in the Circuit Court, the defendant, without introducing any testimony, demurred to the plaintiff’s evidence. The court sustained the demurrer, and rendered judgment for the defendant. To that judgment this writ of error was awarded.
The material facts are the following: The defendant owns and operates, among other things, machinery for washing ore, and Mr. Persinger was employed by the defendant to oil the…
2Cases cited5 opinions
- Bertha Zinc Co. v. Martin's Adm'rSupreme Court of Virginia · 1895
- Sjogren v. HallMichigan Supreme Court · 1884
- Norfolk & Western Railway Co. v. Cromer's AdministratrixSupreme Court of Virginia · 1901
- McDonald's Adm'r v. Norfolk & Western RailroadSupreme Court of Virginia · 1897
- Robinson's Adm'r v. DininnySupreme Court of Virginia · 1898
3Cited by9 opinions
- Consumers' Brewing Co. v. Doyle's AdministratrixSupreme Court of Virginia · 1904
- Virginia Iron, Coal & Coke Co. v. KiserSupreme Court of Virginia · 1906
- Clinchfield Coal Corp. v. Cruise's AdministratorSupreme Court of Virginia · 1915
- Newport News Publishing Co. v. BeaumeisterSupreme Court of Virginia · 1906
- Bowles' Administrator v. Virginia Soapstone Co.Supreme Court of Virginia · 1914
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