Lynchburg Foundry Co. v. Dalton
Court of Appeals of Virginia
Error to a judgment of the Corporation Court of the city of Radford, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. The plaintiff in error, hereinafter called the Foundry Company, was engaged in the manufacture and sale of iron pipe, and employed the defendant in error, who was nineteen years of age at the time of the injury hereinafter mentioned, to “load all kind of pipe” when not engaged in the shop.
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Error to a judgment of the Corporation Court of the city of Radford, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. The plaintiff in error, hereinafter called the Foundry Company, was engaged in the manufacture and sale of iron pipe, and employed the defendant in error, who was nineteen years of age at the time of the injury hereinafter mentioned, to “load all kind of pipe” when not engaged in the shop. At the time of the injury he had been in the employment of the Foundry Company continuously for four or five months, and about one-fourth of this time…
1Opinion of the CourtBurks, J.
(after making the foregoing statement) delivered the opinion of the court.
*485We are met at the outset of this case with a motion to dismiss because the record is not certified as required by an act of assembly.approved March 21, 1916, (Acts, 1916, ch. 406, p. 708) abolishing bills of exception. It is sufficient to say that the act has. no application to the pleadings which are per se a part of the record, and that a demurrer to the evidence is as much a part of the record as any other pleading, and heno is not affected by the act aforesaid. C. & O. Ry. Co. v. Sparrow, 98 Ya. 630, 37 S. E. 302.
Aft…
2Cases cited24 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Norfolk & Western R. v. AmpeySupreme Court of Virginia · 1896
- Chesapeake & Ohio Railway Co. v. Sparrow's Admr.Supreme Court of Virginia · 1900
- Norfolk & Western Railroad v. Nuckol's Adm'rSupreme Court of Virginia · 1895
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3Cited by6 opinions
- Looney v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1926
- E. I. Dupont de Nemours & Co. v. BrownSupreme Court of Virginia · 1921
- Swift & Co. v. HattonSupreme Court of Virginia · 1919
- E. I. DuPont de Nemours & Co. v. HippSupreme Court of Virginia · 1918
- Looney v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1926
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