So. W. Improvement Co. v. Smith's Adm'r
Supreme Court of Virginia
Error to judgment of circuit court of Tazewell county, rendered November 26th, 1887, in an action of trespass on the case wherein Samson Smith, administrator of Wm. H. Smith, deceased, was plaintiff, and the South West Improvement Company was defendant. This action was for the recovery of damages for the negligent killing of the plaintiff’s intestate, a boy under fourteen years of age, by the defendant company, in whose employment he was at the time of the accident.
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Error to judgment of circuit court of Tazewell county, rendered November 26th, 1887, in an action of trespass on the case wherein Samson Smith, administrator of Wm. H. Smith, deceased, was plaintiff, and the South West Improvement Company was defendant. This action was for the recovery of damages for the negligent killing of the plaintiff’s intestate, a boy under fourteen years of age, by the defendant company, in whose employment he was at the time of the accident. At the trial there was a demurrer to the declaration, which was overruled. The verdict being for $766 damages for the plaintiff,…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The first question is, whether the declaration is defective. It alleges in the first count that at the time the accident in question occurred, the defendant company was the owner of certain coal mines, in Tazewell county, which it was engaged in operating, and that William H. Smith, the plaintiff’s intestate, an infant of thirteen years and eleven months of age, was an employee of the company; that it was the duty of the company “ to use due and proper care for the safety of the said William H. Smith while he was so employed and working in said…
2Cases cited12 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Baltimore & Ohio R. R. v. McKenzieSupreme Court of Virginia · 1885
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3Cited by24 opinions
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- Jones v. HanburySupreme Court of Virginia · 1932
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