Chesapeake & Ohio Railway Co. v. Swartz
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Clifton Forge in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error.
1Opinion of the CourtWhittle, J.
For convenience the defendant in error and the plaintiff in error will b'e called, respectively, plaintiff and defendant.
The second amended declaration contained seven counts, and there was a demurrer to the declaration as a whole and to each count. The circuit court sustained the demurrer to the fourth count and directed the jury to disregard the seventh count, and overruled the demurrer to the other five counts.(1) The first and second grounds of demurrer to each of the remaining counts are that plaintiff assumed the risk of the alleged injury and was guilty of contributory negligence.
*729Assump…
2Cases cited8 opinions
- Hortenstein v. Virginia-Carolina Railway Co.Supreme Court of Virginia · 1904
- Washington-Virginia Railway Co. v. BouknightSupreme Court of Virginia · 1912
- Interstate Railroad v. TyreeSupreme Court of Virginia · 1909
- Southern Railway Co. v. Johnson's AdministratrixSupreme Court of Virginia · 1910
- County of Louisa v. Yancey's TrusteeSupreme Court of Virginia · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chesapeake & Ohio Railway Co. v. ArringtonSupreme Court of Virginia · 1919
- Aronovitch v. AyresSupreme Court of Virginia · 1937
- Norfolk & Portsmouth Belt Line Railroad v. ParkerSupreme Court of Virginia · 1929
- Colonna Shipyard v. DunnSupreme Court of Virginia · 1928
- Chesapeake & Ohio Railway v. MeadowsSupreme Court of Virginia · 1916
7 more not listed; retrieve them via the Exa API.