Milton's Administratrix v. Norfolk & Western Railway Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Warren county in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error. On the preliminary question as to whether the evidence adduced at the trial was properly made a part of the record, the contention of counsel on opposing sides was, respectively, as follows : Of counsel for defendant in error.
Read the full summary
Error to a judgment of the Circuit Court of Warren county in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error. On the preliminary question as to whether the evidence adduced at the trial was properly made a part of the record, the contention of counsel on opposing sides was, respectively, as follows : Of counsel for defendant in error. Before discussing this case on the law and the evidence we desire to submit a preliminary question: Is what purports to be the evidence from page 76 of the printed record to page 436, a part of the record ? It will not be…
1Opinion of the CourtHarrison, J.
This action was brought by Lena May Milton, administratrix of her husband, John W. Milton, deceased, against the Norfolk & Western Railway Company, to recover damages for the alleged negligent killing of her intestate by the defendant company. A demurrer to the evidence by the company was sustained, and judgment rendered in its favor. To .that judgment a writ of error was awarded.
There is no merit in the contention made by the defendant company that the evidence delivered at the trial has not been sufficiently certified to this court.
The plaintiff’s intestate was employed by the defendant as…
2Cases cited6 opinions
- Bass' Administrator v. Norfolk Railway & Light Co.Supreme Court of Virginia · 1901
- Wood's Administratrix v. Southern Railway Co.Supreme Court of Virginia · 1905
- Citizens Bank of Norfolk v. Taylor & Co.Supreme Court of Virginia · 1905
- Lane Bros. & Co. v. BottSupreme Court of Virginia · 1905
- Chesapeake & Ohio Railway Co. v. PierceSupreme Court of Virginia · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Clark v. HodgesSupreme Court of Virginia · 1946
- Chick Transit Corp. v. EdentonSupreme Court of Virginia · 1938
- Addington v. Guests River Coal Co.Supreme Court of Virginia · 1921
- Virginia Iron Coal & Coke Co. v. MunseySupreme Court of Virginia · 1909
- Bristol Telephone Co. v. Stockton'sSupreme Court of Virginia · 1916