Bertha Zinc Co. v. Black's Adm'r
Supreme Court of Virginia
Error to. judgment of circuit coiirt of Wythe county, rendered March 15th, 1890, in an action of trespass on the case, wherein J. P. Vaughan, administrator of Michael Black, deceased, was plaintiff, and the Bertha Zinc Company was defendant. The object of the action is to recover damages on account of the killing of the plaintiff’s intestate through the negligence of the defendant company and its agents.
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Error to. judgment of circuit coiirt of Wythe county, rendered March 15th, 1890, in an action of trespass on the case, wherein J. P. Vaughan, administrator of Michael Black, deceased, was plaintiff, and the Bertha Zinc Company was defendant. The object of the action is to recover damages on account of the killing of the plaintiff’s intestate through the negligence of the defendant company and its agents. At the trial the evidence on both sides was heard, certain instructions given, and others refused by the court, when the jury rendered a verdict for $10,000 damages against the defendant ;…
1Opinion of the Court
Lacy, J'.,
delivered the opinion of the court.
The plaintiff in error assigns various alleged errors, but the defendant in error assigns as error to his prejudice the action *305of the court in setting aside the first verdict, because the damages assessed by the jury were deemed excessive. And we will consider this assignment first, as it stands in point of time prior to all others.
The circuit court refused expressly to disturb this, the first verdict, because of all grounds of exception alleged by the defendant, except that which concerned the amount of the damage ; but the defendant did not…
2Cases cited2 opinions
- Borland v. BarrettSupreme Court of Virginia · 1882
- State ex rel. Ames v. GaschWashington Supreme Court · 1894
3Cited by12 opinions
- Rawle v. McIlhennySupreme Court of Virginia · 1934
- Matthews v. Hicks, Adm'r.Supreme Court of Virginia · 1955
- Haney v. Pittsburgh, C., C. & St. L. R'y Co.West Virginia Supreme Court · 1893
- Hawkins v. Nuttallburg Coal & Coke Co.West Virginia Supreme Court · 1909
- Rawle v. McIlhennySupreme Court of Virginia · 1934
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