Morton's v. Southern Railway Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Campbell county in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error.
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Error to a judgment of the Circuit Court of Campbell county in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error. The following instructions were given by the court upon the motion of the defendant: “ (1) The court instructs the jury that the track of a railway company is of itself a proclamation of danger to a traveler, and that he must not only use his eyes and ears, looking and listening in both directions, but he must, when about to cross a track, look and listen, so as to make these acts reasonably effective. If such looking and listening does or…
1Opinion of the CourtCardwell, J.
Charles S. Morton’s executor brought this action against the Southern Railway Company to recover damages for the death of his testator, caused, it is alleged, by the negligence of the defendant company, and at the trial of the cause there was a verdict and judgment for the defendant company, to which judgment the plaintiff obtained this writ of error.
The deceased was killed on the 28th day of July, 1909, by a freight train at the crossing of defendant in error’s track over a public highway at Lawyer’s station, in Campbell county, Va., in broad daylight, about six o’clock in the afternoon.…
2Cases cited6 opinions
- Southern Railway Co. v. BaileySupreme Court of Virginia · 1910
- Johnson's Adm'r v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1895
- Southern Railway Co. v. Hansbrough's AdministratrixSupreme Court of Virginia · 1908
- Southern Railway Co. v. DavesSupreme Court of Virginia · 1908
- Chesapeake & Ohio Railway Co. v. Hall's AdministratorSupreme Court of Virginia · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gunter's Adm'r v. Southern Railway Co.Supreme Court of Virginia · 1920
- Holstine v. Director General of RailroadsIndiana Court of Appeals · 1922
- Southern Railway Co. v. DavisSupreme Court of Virginia · 1929
- Southern Railway Co. v. MasonSupreme Court of Virginia · 1916
- Kabler's Administrator v. Southern Railway Co.Court of Appeals of Virginia · 1917
5 more not listed; retrieve them via the Exa API.