Birmingham v. Chesapeake & Ohio Railway Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Botetourt county,, rendered October 24, 1899, in an action of assumpsit, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. The case, as stated in the petition for a writ of error, is as follows: “About the 1st of December, 1897, Mrs. Birmingham bought a ticket at Buchanan, and took the train about sundown, accompanied by four small children, and some luggage.
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Error to a judgment of the Circuit Court of Botetourt county,, rendered October 24, 1899, in an action of assumpsit, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. The case, as stated in the petition for a writ of error, is as follows: “About the 1st of December, 1897, Mrs. Birmingham bought a ticket at Buchanan, and took the train about sundown, accompanied by four small children, and some luggage. She transferred at Clifton Forge to the main line of defendant’s road, and continued her trip to West Virginia. Bear two o’clock, after midnight,…
1Opinion of the CourtHarrison, J.
This is an action of trespass on the case in assumpsit, brought to recover damages for personal injuries alleged to have been sustained by the lolaintiff through the negligence of the defendant.
It appears that suit was not brought within one year from the time the cause of action arose, and that the defendant, in addition to the general issue, filed its plea of the statute of limitations, which was sustained, and judgment given accordingly.
It is contended that the one year statute of limitations does not apply; that this is an action ex contractu, brought to recover *551damages for the failure of…
2Cases cited3 opinions
- Anderson v. Hygeia Hotel Co.Supreme Court of Virginia · 1896
- Mumpower v. City of BristolSupreme Court of Virginia · 1897
- Grubb's adm'r v. SultSupreme Court of Virginia · 1879
3Cited by42 opinions
- Charles A. L. Almond v. John E. Kent, Sheriff of Augusta County, VirginiaCourt of Appeals for the Fourth Circuit · 1972
- Hereford v. MeekWest Virginia Supreme Court · 1949
- Barnes Coal Corp. v. Retail Coal Merchants Ass'nCourt of Appeals for the Fourth Circuit · 1942
- Winston v. GordonSupreme Court of Virginia · 1914
- E. I. duPont deNemours & Co. v. Universal Moulded Products Corp.Supreme Court of Virginia · 1950
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