N. & W. R. R. v. Ferguson
Supreme Court of Virginia
Error to judgment of circuit court of Washington county rendered 23d May, 1883 in an action of trespass on the case wherein George B. Ferguson was plaintiff and the Norfolk and Western railroad company was defendant.
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Error to judgment of circuit court of Washington county rendered 23d May, 1883 in an action of trespass on the case wherein George B. Ferguson was plaintiff and the Norfolk and Western railroad company was defendant. The object of the action was to recover compensation for an injury which, he alleged, had been received by him whilst a passenger on the company’s freight train from Bristol to Marion, in August, 1881, by reason of the negligence of the company’s agents in so running said train as to throw him out of the open side door of the caboose. The action was tried by a jury who rendered a…
1Opinion of the CourtFauntleroy, J.
The facts of the case, as disclosed by the record, are: that the plaintiff, George B. Ferguson, became a passenger on the 1st day of August, 1881, from Bristol to Marion on a caboose car attached to a freight train upon the Norfolk & Western railroad. When he entered the caboose, at Bristol, he took'a seat in a chair, near an open sliding side door of the caboose. The chair was the conductor’s chair, as the plaintiff knew. When the train reached Abingdon the plaintiff ascertained, from the conductor, how long a time it would stop there, and got off the train and went *243to a saloon and obtained…
2Cases cited1 opinion
- Railroad Co. v. JonesSupreme Court of the United States · 1877
3Cited by23 opinions
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- New York, Phila. & Norfolk R. R. v. Kellam's Adm'rSupreme Court of Virginia · 1887
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