Bragg's Administrator v. Norfolk & Western R'y Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Bockbridge county in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error.
1Opinion of the CourtBuchanan, J.
This is an action to recover damages from the Norfolk and Western Railway Company for negligently causing, as is alleged, the death of the plaintiff’s decedent.
The trial court held, upon demurrer, that neither of the two counts of the plaintiff’s amended declaration stated a cause of action, and entered a final judgment in favor of the defendant company.
As the question involved in this writ of error arises on demurrer, we are only concerned with the averments of the declaration. It is averred in substance in the first count that the plaintiff’s intestate, who was the telegraph operator of the…
2Cases cited8 opinions
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Atchison, Topeka & Santa Fé Railroad v. WeberSupreme Court of Kansas · 1885
- Louisville, Cincinnati & Lexington Railroad v. SullivanCourt of Appeals of Kentucky · 1884
- L. & N. R. R. v. Johnson Admx.Supreme Court of Alabama · 1895
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3Cited by9 opinions
- Pence v. KetchumSupreme Court of Louisiana · 1976
- Westin Operator, LLC v. GrohSupreme Court of Colorado · 2015
- Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917
- Houston v. StricklandSupreme Court of Virginia · 1946
- Groh v. Westin Operator, LLCColorado Court of Appeals · 2013
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