Norfolk & Western R. R. v. Cottrell
Supreme Court of Virginia
Error to judgment of the hustings court of the city of Roanoke, rendered twenty-third June, 1886, in an action of trespass on the case for negligent injury, in which John Cottrell, by, &c., was plaintiff, and the Norfolk and Western Eailroad Company was defendant. The jury found for the plaintiff, and assessed his damages at 16,000. The defendant moved to set aside the verdict as contrary to the law and the evidence.
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Error to judgment of the hustings court of the city of Roanoke, rendered twenty-third June, 1886, in an action of trespass on the case for negligent injury, in which John Cottrell, by, &c., was plaintiff, and the Norfolk and Western Eailroad Company was defendant. The jury found for the plaintiff, and assessed his damages at 16,000. The defendant moved to set aside the verdict as contrary to the law and the evidence. The court refused, the defendant excepted, and the evidence was certified. At the trial several instructions were given by the court on the plaintiff’s motion, against the…
1Opinion of the CourtLacy, J.
The case is as follows: John H. Cottrell, the defendant in error, was a brakeman on the road of the plaintiff in error in November, 1885, when, on the nineteenth of the said month, his hand was mashed off by being caught between two cars. The circumstances attending this accident were that, it being necessary to couple together some cars standing on the main track of the road and get them arranged and then moved out of the way of the regular trains on the road, one train being shortly due. An engineer named Jones was called, with his shifting engine already steamed up and ready for work, from…
2Cases cited5 opinions
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
- Armstrong v. DeshlerOhio Supreme Court · 1843
- Marsh v. South Carolina RailroadSupreme Court of Georgia · 1876
- Day v. Toledo, Canada Southern & Detroit Railway Co.Michigan Supreme Court · 1880
3Cited by21 opinions
- Chicago, R. I. & P. Ry. Co. v. McIntireSupreme Court of Oklahoma · 1911
- Venner v. Denver Union Water Co.Supreme Court of Colorado · 1907
- Whitcomb v. Standard Oil Co.Indiana Supreme Court · 1899
- Barrett Manufacturing Co. v. KennedyWashington Supreme Court · 1913
- Grams v. Idaho National Harvester Co.Washington Supreme Court · 1919
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