Shumaker's Administratrix v. Atlantic Coast Line Railroad
Supreme Court of Virginia
Error to a judgment of the Law and Equity Court of city of Richmond in an action of trespass on the case. Judgment for defendant. Plaintiff assigns error. The opinion states the case.
1DissentSims, J.
1. This case impresses me as one in which the concurring negligence of the plaintiff and defendant was the proximate. cause of the injury and death complained of. Prior to the Federal employers’ liability act (act Cong. April 22, 1908, c. 149, 35 Stat. 65 [U. S. Comp. St. §§8657-8665]) and the *403statute of Virginia of 1916 (presently more particularly cited) on the subject, there could be, as is well settled, no recovery by the plaintiff in such a case. But the rule is equally well settled that the plaintiff is entitled under such statutes to recover some damages in such a case.
This case,…
2Cases cited9 opinions
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Pennsylvania Co. v. ColeCourt of Appeals for the Sixth Circuit · 1914
- Southern Ry. Co. v. SmithCourt of Appeals for the Sixth Circuit · 1914
- Southern Railway Co. v. Johnson's AdministratrixSupreme Court of Virginia · 1910
- Gray v. Louisville & N. R.District Court, E.D. Tennessee · 1912
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