Walton, Witten & Graham v. Miller's Administratrix
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Bedford county in an action of trespass on the case hy Miller’s Administratrix v. Walton, Witten and Graham and Norfolk and Western Railway Co. There was a judgment in favor of the plaintiff against Walton, Witten and Graham, to which they assign error, and in favor of the Norfolk and Western Bailway,.to which the plaintiff assigns error. The two writs of error were heard together.
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Error to a judgment of the Circuit Court of Bedford county in an action of trespass on the case hy Miller’s Administratrix v. Walton, Witten and Graham and Norfolk and Western Railway Co. There was a judgment in favor of the plaintiff against Walton, Witten and Graham, to which they assign error, and in favor of the Norfolk and Western Bailway,.to which the plaintiff assigns error. The two writs of error were heard together. In the first case judgment In the second case judgment The opinion states the case.
1Opinion of the CourtWhittle, J.
Though these cases are before us on different writs of error, they arose out of the same accident, were made the subject of one action, and were jointly submitted on appeal.
The object of the suit is to recover damages from the plaintiffs in error, Walton, Witten and Graham, and also from the defendant in error, the Norfolk and Western Railway Company, for the death of the plaintiff’s intestate, William J. Miller, which is ascribed to the negligence of both defendants.
The jury found a verdict for the plaintiff against Walton, Witten and Graham, and assessed her damages at $1,500, but returned…
2Cases cited15 opinions
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- Taylor, Bastrop & Houston Railway Co. v. WarnerTexas Supreme Court · 1895
- Cuddy v. HornMichigan Supreme Court · 1881
- Gulf, Colorado & Santa Fe Railway Co. v. McWhirterTexas Supreme Court · 1890
- Richmond & Manchester Railway Co. v. Moore's Adm'rSupreme Court of Virginia · 1897
10 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hall v. EI Du Pont De Nemours & Co., Inc.District Court, E.D. New York · 1972
- Swisher v. Swisher & CraunSupreme Court of Virginia · 1982
- Carlton v. BoudarSupreme Court of Virginia · 1916
- Davis Bakery, Inc. v. DozierSupreme Court of Virginia · 1924
- Louisville & Nashville Railroad v. AllenSupreme Court of Florida · 1914
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