Darracott v. Chesapeake & Ohio R. R.
Supreme Court of Virginia
Error to judgment of circuit court of Hanover county, rendered April 28tli, 1885, in an action wherein Thomas P. Darracott was plaintiff and the Chesapeake and Ohio Eailroad Company was defendant. This was an action of trespass on the case in the circuit court of Hanover county. The action was brought to recover damages for injuries received bythe plaintiff whilecoupling cars of the defendant company.
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Error to judgment of circuit court of Hanover county, rendered April 28tli, 1885, in an action wherein Thomas P. Darracott was plaintiff and the Chesapeake and Ohio Eailroad Company was defendant. This was an action of trespass on the case in the circuit court of Hanover county. The action was brought to recover damages for injuries received bythe plaintiff whilecoupling cars of the defendant company. The declaration alleged that the plaintiff, when the accident occurred, was in the employ of the company as a brakeman, and that the injuries complained of were caused by the defective fixtures…
1Opinion of the Court
Lewis, P.,
(after stating the case) delivered the opinion of the court.
The case presents no new question, and may be briefly disposed of. The first assignment of error is that the circuit court erred in sustaining the demurrer to the declaration. A sufficient answer, however, to this objection is, that by amending the declaration and going to trial on the merits, the right to object to the ruling of the court on the demurrer was waived. This is a well settled rule, in support of which counsel for the defendant in error refer to the pertinent language of Nelson, C. J., in Jones v. Thompson, 6…
2Cases cited20 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Clearwater v. MeredithSupreme Court of the United States · 1864
15 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Connell's Ex'ors v. Chesapeake & Ohio Ry. Co.Supreme Court of Virginia · 1896
- McGivern v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1942
- So. W. Improvement Co. v. Smith's Adm'rSupreme Court of Virginia · 1888
- Chesapeake & Ohio Railway Co. v. HoffmanSupreme Court of Virginia · 1909
- Fry v. North Carolina RailroadSupreme Court of North Carolina · 1912
23 more not listed; retrieve them via the Exa API.