Legal Opinion

Connell's Ex'ors v. Chesapeake & Ohio Ry. Co.

Supreme Court of Virginia

Decided April 9, 1896PublishedCited by 59 opinions

Error to a judgment of the Circuit Court of the city of Richmond, rendered November 4,1893, in an action of trespass on the case, wherein the plaintiffs in error were the plaintiffs, and the defendants in error were the defendants. The defendants demurred to the declaration of the plaintiffs and the demurrer was sustained, but liberty was granted the plaintiff to amend.

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Error to a judgment of the Circuit Court of the city of Richmond, rendered November 4,1893, in an action of trespass on the case, wherein the plaintiffs in error were the plaintiffs, and the defendants in error were the defendants. The defendants demurred to the declaration of the plaintiffs and the demurrer was sustained, but liberty was granted the plaintiff to amend. They amended their declaration, to which the defendants again demurred, and the demurrer was sustained, to which judgment this writ of error was awarded. The following is a copy of the amended declaration : “ In the Circuit…

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

The executors of D. F. Connell, in an action of trespass on the case brought in the Circuit Court of the city of Richmond, complain of the Chesapeake & Ohio Railway Company and the Pullman Palace Car Company, defendants, and set out the following cause of action:

That on the 1st of August, 1891, their testator was a passenger upon a sleeping car owned by the Pullman Palace Car Company, which was attached to and made a part of the train running upon the tracks of Chesapeake and Ohio Railway Company, and that it became the duty of the defendants to…

2Cases cited6 opinions

  1. Scheffer v. Railroad Co.Supreme Court of the United States · 1882
  2. New Orleans, St. Louis & Chicago Railroad v. BurkeMississippi Supreme Court · 1876
  3. Farish & Co. v. ReigleSupreme Court of Virginia · 1854
  4. Britton v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1883
  5. Darracott v. Chesapeake & Ohio R. R.Supreme Court of Virginia · 1887

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

3Cited by59 opinions

  1. Matthews v. Cumberland & Allegheny Gas Co.West Virginia Supreme Court · 1953
  2. Wright v. WebbSupreme Court of Virginia · 1987
  3. Marshall v. WinstonSupreme Court of Virginia · 1990
  4. Taboada v. Daly Seven, Inc.Supreme Court of Virginia · 2006
  5. A.H. v. Rockingham Publishing Co.Supreme Court of Virginia · 1998

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

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