Norfolk & Western Railway Co. v. Cromer's Administratrix
Supreme Court of Virginia
Error to a judgment of tlie Cirouit Court for the city of Eoanoke, rendered January 17, 1901, in an action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence sufficiently appears in the opinion of the court.
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Error to a judgment of tlie Cirouit Court for the city of Eoanoke, rendered January 17, 1901, in an action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence sufficiently appears in the opinion of the court. After the evidence was all in, the plaintiff tendered eighteen instructions, to the giving of which defendant, hy counsel, objected, but tbe court overruled tbe objection of tbe defendant and gave tbe instructions asked for 'by plaintiff. Tbey were as follows: I. “ If tbe jury believe from tbe evidence tbat…
1Opinion of the Court
Keith, R.,
delivered the opinion of the court.
The west-bound passenger train on the Norfolk and Western •railway approached Pulaski, a station on that road, at about 8:15 P. M. on January 6, 1900, one hour and thirty minutes-late, .and within the station limits came into collision with some ■freight cars which had escaped from the siding upon which they were standing, and Cromer, the fireman on the passenger train, ■was killed. His administrator brought suit against the N. & W. Railway Company, charging its negligence as the cause of the accident. A verdict and judgment were rendered for the…
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