Jones v. Old Dominion Cotton Mills
Supreme Court of Virginia
Error to judgment of hustings court of city of Manchester, rendered 11th February, 1884, in an action of trespass on the case wherein Robert L. Jones, an infant, suing by his next friend, Thomas W. Jones, was plaintiff, and the Old Dominion Cotton Mills was defendant. The object of the suit was to recover damages occasioned the plaintiff by the alleged negligence of the defendant’s agent. There were three jury trials.
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Error to judgment of hustings court of city of Manchester, rendered 11th February, 1884, in an action of trespass on the case wherein Robert L. Jones, an infant, suing by his next friend, Thomas W. Jones, was plaintiff, and the Old Dominion Cotton Mills was defendant. The object of the suit was to recover damages occasioned the plaintiff by the alleged negligence of the defendant’s agent. There were three jury trials. The first jury returned a verdict for the plaintiff, in April, 1882, for $2,251.25 damages. This 'verdict was set aside and a new trial awarded by the court on the motion of the…
1Opinion of the CourtRichardson, J.
Applying the settled rule that “by demurring to the evidence the demurrant waives all evidence on his part that conflicts with that of the other party, admits the credit of the evidence demurred to, admits all inferences of fact that may be fairly deduced from the evidence, and refers it to the court to deduce the fair inferences from the evidence,” as laid down by this court in Trout v. Va. & Tenn. R. R. Co., 23 Gratt. 637, we proceed to state and examine the following facts of the case:
*143On the 28th of October, 1880, and for some years before, the defendant company was the owner of a cotton…
2Cases cited11 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Railroad Company v. FortSupreme Court of the United States · 1874
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3Cited by22 opinions
- Richmond & Manchester Railway Co. v. Moore's Adm'rSupreme Court of Virginia · 1897
- Wood v. American National BankSupreme Court of Virginia · 1902
- Richmond Locomotive Works v. FordSupreme Court of Virginia · 1897
- Russell Creek Coal Co. v. WellsSupreme Court of Virginia · 1898
- Simmons v. BoydSupreme Court of Virginia · 1958
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