Washington & Old Dominion Railway Co. v. Zell's Administrator
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Alexandria county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error.
1Opinion of the CourtKelly, J.
Ernest Zell was killed on a highway crossing when an automobile in which he was riding was struck by a passenger train owned and operated by the Washington and Old Dominion Railway. His administratrix brought this action and recovered the judgment under review.
There was a demurrer to the declaration, which was overruled by the circuit court, and that action, though earnestly complained of, was plainly right. The ground of the demurrer was the failure to allege that either Zell or Peck, the driver and only other occupant of the automobile, looked and listened for a train before attempting to…
2Cases cited15 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Brommer v. Pennsylvania R.Court of Appeals for the Third Circuit · 1910
- Chase v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1911
- New York Cent. & H. R. R. v. MaidmentCourt of Appeals for the Third Circuit · 1909
- Norfolk & Western Railway Co. v. StricklerSupreme Court of Virginia · 1915
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3Cited by48 opinions
- Bryant v. Pacific Electric Railway Co.California Supreme Court · 1917
- Green v. RuffinSupreme Court of Virginia · 1924
- Etheridge v. Norfolk Southern RailroadSupreme Court of Virginia · 1925
- Krodel v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1925
- Director General v. Pence's AdministratrixSupreme Court of Virginia · 1923
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