Norfolk & A. Terminal Co. v. Rotolo
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk. Action at law by Erank Rotolo against the Norfolk & Atlantic Terminal Company. Judgment for plaintiff, and defendant brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk. Action at law by Erank Rotolo against the Norfolk & Atlantic Terminal Company. Judgment for plaintiff, and defendant brings error. The plaintiff in error, defendant below, hereafter called the defendant, is a Virginia corporation, and operates a lino of electric street railway in the city of Norfolk, Va., and had a portion of its tracks laid in City Hall avenue and Montieello avenue in said city. Frank Rotolo, the defendant in error, who was the plaintiff below, hereafter called the plaintiff,…
1Opinion of the CourtBoyd, District Judge
(after stating the facts as above). There are several exceptions and assignments of error thereon, but, in order to dispose of the case, we do not deem it necessary to consider but three of them. The first is error assigned on the action of the trial judge in overruling the demurrer filed by the defendant to the first count of the declaration. That count, after formal parts, reads as follows:
“That, before and at the time of the committing of the grievances herein- ' after ‘ mentioned, the said defendant was the owner or proprietor, and was operating, an electric street railway over its lines…
2Cases cited2 opinions
- Chesapeake & Ohio Railway Co. v. HunterSupreme Court of Virginia · 1909
- Norfolk & Portsmouth Traction Co. v. RephanCourt of Appeals for the Fourth Circuit · 1911
3Cited by4 opinions
- Palen v. WheelockCourt of Appeals for the Eighth Circuit · 1926
- Redfield v. New York Cent. R. Co.Court of Appeals for the Eighth Circuit · 1936
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