Va. & Tenn. R. R. v. Sayers
Supreme Court of Virginia
This was an action on the case in assumpsit iu the ■Circuit court of Wythe county, brought in April 1870, by John T. Sayers Jr. against the Virginia and Tennessee Railroad Company, to recover the value of a lot of fat cattle shipped by the plaintiff on the road of the defendants, and which were killed by the throwing off of the car in which they were carried from the track of the road at Big Otter bridge in the county of Bedford.
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This was an action on the case in assumpsit iu the ■Circuit court of Wythe county, brought in April 1870, by John T. Sayers Jr. against the Virginia and Tennessee Railroad Company, to recover the value of a lot of fat cattle shipped by the plaintiff on the road of the defendants, and which were killed by the throwing off of the car in which they were carried from the track of the road at Big Otter bridge in the county of Bedford. The declaration contained five counts; and the defendant demurred to the whole declaration and to each count thereof, and also pleaded non assumpsit; on which plea…
1Opinion of the Court
Christian J.
The important and interesting question we have to determine in this case is, whether a railroad company can by express contract limit its liabilitJ as a coff>Hion carrier, so as to protect itself’ against all injuries received and losses incurred, except by the gross negligence of the company, its agents, servants and employees.
While there are other questions presented in the record which it becomes necessary to pass upon, the main question, which was argued with much ability and learning by the counsel on both sides, is the one-above stated, and will be the question first…
2Cases cited3 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Southern Express Co. v. MoonMississippi Supreme Court · 1863
- Ramsey v. Rushville & Milroy Gravel Road Co.Indiana Supreme Court · 1882
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