Alexandria & F. R. R. v. Herndon
Supreme Court of Virginia
Error to judgment of circuit court of county of Prince William, rendered May 14th, 1889, in an action of trespass on the case, wherein Irene A. Herndon, an infant under twenty-one years of age, by her next friend, Kendrick E. Herndon, was plaintiff, and the Alexandria and Fredericksburg Railroad Company was defendant. The object of the suit was to recover damages for injuries alleged to have been inflicted upon the plaintiff through the negligence of the defendant.
Read the full summary
Error to judgment of circuit court of county of Prince William, rendered May 14th, 1889, in an action of trespass on the case, wherein Irene A. Herndon, an infant under twenty-one years of age, by her next friend, Kendrick E. Herndon, was plaintiff, and the Alexandria and Fredericksburg Railroad Company was defendant. The object of the suit was to recover damages for injuries alleged to have been inflicted upon the plaintiff through the negligence of the defendant. The facts, as they appear by the certificate of the trial judge, are as follows: The plaintiff was, on the 17th day of December,…
1Opinion of the CourtRichardson, J.
(after stating the case) delivered the opinion of the court.
On behalf of the plaintiff in error several objections' are taken and relied upon as grounds for the reversal of the judgement of the circuit court.
1st. The first assignment is, that the court below erred in refusing to remand the case to rules, and in allowing the plaintiff to amend at bar after sustaining the defendant’s, demurrer to the plaintiff’s declaration!. We fail to perceive any cause of reversal in the action of • the court in this respect. Had the amendment been of such a nature as to render necessary some change in the…
2Cases cited4 opinions
- McDonald v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
- Memphis &. Charleston R. R. v. WhitfieldMississippi Supreme Court · 1870
- Board of Public Works v. GanntSupreme Court of Virginia · 1882
- Keefe v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1886
3Cited by14 opinions
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- Jackson v. Chesapeake & Ohio Ry. Co.Supreme Court of Virginia · 1942
- Chesapeake & Ohio Railway Co. v. SmithSupreme Court of Virginia · 1905
- Moffitt v. Connecticut Co.Supreme Court of Connecticut · 1913
- Washington, Alexandria & Mount Vernon Railway Co. v. TrimyerSupreme Court of Virginia · 1910
9 more not listed; retrieve them via the Exa API.