Legal Opinion

Dun v. Seaboard & Roanoke Railroad

Supreme Court of Virginia

Decided February 14, 1884PublishedCited by 38 opinions

Error to judgment of hustings court of Portsmouth city, rendered 25th October, 1881, in action of trespass on the case wherein John P. Dun was plaintiff and the Seaboard and Roanoke Railroad Company defendant. The object of the action was to recover damages for injury inflicted on the plaintiff through the alleged negligence of the defendant.

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Error to judgment of hustings court of Portsmouth city, rendered 25th October, 1881, in action of trespass on the case wherein John P. Dun was plaintiff and the Seaboard and Roanoke Railroad Company defendant. The object of the action was to recover damages for injury inflicted on the plaintiff through the alleged negligence of the defendant. The plaintiff was a passenger on the defendant’s railroad; was sitting in a swiftly moving car with his arm protruding a short distance, to-wit: two inches outside of the open car window, when he was struck on the elbow outside the car by some cord-wood…

1Opinion of the CourtLacy, J.

The plaintiff in error was a passenger on the cars of the-defendant company on-the 14th August, 1880, and having-his arm outside of the window of the car while the train was rapidly moving along the track, was struck upon his arm outside of the window by some cord wood ranked near-the track of the road, and was seriously hurt. In March,. 1881, suit was instituted by the said plaintiff in error against the said railroad company, claiming $5,000 in damages for alleged carelessness and negligence in the-said railroad company, in causing the said injury to be-inflicted upon him, and set forth in…

2Cases cited21 opinions

  1. Railroad Co. v. JonesSupreme Court of the United States · 1877
  2. Tyler v. . GardinerNew York Court of Appeals · 1866
  3. Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
  4. Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
  5. Brighthope Railway Co. v. RogersSupreme Court of Virginia · 1881

16 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
  2. Johnson's Adm'r v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1895
  3. Farish & Co. v. ReigleSupreme Court of Virginia · 1854
  4. Etheridge v. Norfolk Southern RailroadSupreme Court of Virginia · 1925
  5. Va. Mid. R. R. Co. v. WhiteSupreme Court of Virginia · 1888

33 more not listed; retrieve them via the Exa API.

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