Legal Opinion

Seaboard & Roanoke Railroad v. Joyner's Adm'r

Supreme Court of Virginia

Decided December 12, 1895PublishedCited by 42 opinions

Error to a judgment of the Circuit Court of Southampton county, rendered November 16, 1892, in an action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant.

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Error to a judgment of the Circuit Court of Southampton county, rendered November 16, 1892, in an action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The third count in the declaration was as follows: “ And for this also, to-wit: That on the 24th day of December, in the year 1890, and for a long time before that day, the defendant company was and had been operating a railroad in the said county of Southampton, over which it operates steam locomotives to propel cars and coaches for the purposes of transporting…

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

This is an action of trespass on the case, brought in the Circuit Court of the county of Southampton by Joyner’s administrator against -the Seaboard and Roanoke Railroad-*357Company, to recover damages for the death of the plaintiff’s intestate, caused, as alleged, by the negligence of the defendant company. The declaration contains five counts. The defendant appeared and demurred to the whole declaration, and to each count thereof, and the court below overruled the demurrer, and, a judgment having been rendered against the •defendant, the case was…

2Cases cited7 opinions

  1. Needham v. San Francisco & San José R.R.California Supreme Court · 1869
  2. Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
  3. Benn v. HatcherSupreme Court of Virginia · 1885
  4. N. & W. R. R. v. Harman's AdministratorSupreme Court of Virginia · 1887
  5. Donahoe v. Wabash, St. Louis & Pacific Ry. Co.Supreme Court of Missouri · 1884

2 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Hortenstein v. Virginia-Carolina Railway Co.Supreme Court of Virginia · 1904
  2. Washington Southern Railway Co. v. LaceySupreme Court of Virginia · 1897
  3. Pettyjohn & Sons v. BashamSupreme Court of Virginia · 1919
  4. Southern Railway Co. v. BaileySupreme Court of Virginia · 1910
  5. Atlantic & Danville Railway Co. v. ReigerSupreme Court of Virginia · 1897

37 more not listed; retrieve them via the Exa API.

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