Southern Railway Co. v. Aldridge's Adm'r
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Danville rendered October 17, 1901, in an action of trespass on the case wherein the defendant in error was the plaintiff, and . the plaintiff in error was the defendant. Instruction Ho. 5, as asked by the plaintiff in error, is set out in the opinion of the court.
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Error to a judgment of the Corporation Court of the city of Danville rendered October 17, 1901, in an action of trespass on the case wherein the defendant in error was the plaintiff, and . the plaintiff in error was the defendant. Instruction Ho. 5, as asked by the plaintiff in error, is set out in the opinion of the court. As given by the court, the instruction was as follows: “The court instructs the jury that although they may believe from the evidence that an ordinance of the city of Danville required the defendant company to have gates at the north Main street crossing, where this…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
The administratrix of C. W. Aldridge brought suit in the Corporation Court of the city of Danville, alleging that the death of her intestate was due to negligence of the Southern Railway. Company, and recovered a judgment for $8,500, to which the Southern Railway Company obtained a writ of error.
At the trial instructions were asked by the plaintiff and defendant. There was no exception taken to those given at the instance of the plaintiff, but it is assigned as error that instruction No. 5 asked for by plaintiff in error was amended, and that…
2Cases cited4 opinions
- Kimball & Fink v. Friend's Adm' rSupreme Court of Virginia · 1897
- Norfolk & Western Railway Co. v. Cromer's AdministratrixSupreme Court of Virginia · 1901
- Marshall's Adm'r v. Valley RailroadSupreme Court of Virginia · 1899
- Boush v. Fidelity & Deposit Co.Supreme Court of Virginia · 1902
3Cited by26 opinions
- Southern Railway Co. v. Hansbrough's AdministratrixSupreme Court of Virginia · 1908
- City of Elkins v. Western Maryland Railway Co.West Virginia Supreme Court · 1915
- Davis v. McCallSupreme Court of Virginia · 1922
- Southern Railway Co. v. JonesSupreme Court of Virginia · 1907
- Hancock v. Norfolk & Western Railway Co.Court of Appeals of Virginia · 1928
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