Legal Opinion

Balt. & Ohio R. R. v. Wightman's adm'r

Supreme Court of Virginia

Decided November 29, 1877PublishedCited by 17 opinions

This was an action on the case brought in the circuit court of Shenandoah county, under ch. 145, §§ 7-9, Code of 1873, by George W. Xoontz, administrator of "William A. Wightman, against the Baltimore and Ohio Bailroad Company, to recover damages for the death of his decedent, who died from injuries received at the well-known Barrow Passage accident, which occurred on the Valley railroad, which was then leased and operated by the Baltimore and Ohio Bailroad Company.

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This was an action on the case brought in the circuit court of Shenandoah county, under ch. 145, §§ 7-9, Code of 1873, by George W. Xoontz, administrator of "William A. Wightman, against the Baltimore and Ohio Bailroad Company, to recover damages for the death of his decedent, who died from injuries received at the well-known Barrow Passage accident, which occurred on the Valley railroad, which was then leased and operated by the Baltimore and Ohio Bailroad Company. The jury rendered a verdict in favor of the plaintiff for $5,000, with interest from March 6th, 1876, for which sum the court…

1Opinion of the CourtStaples, J.

A preliminary question iu this case to be settled, is,, whether the circuit court erred in refusing to remove the case to the circuit court of the United States for the western district- of Virginia. The defendant, the Baltimore and Ohio Railroad Company, is a corporation chartered by the state of Maryland. It is also, and was when this suit was brought, the lessee of a railroad from Strasburg to Harrisonburg, in this state, belonging to the Virginia Midland railroad company, a Virginia corporation, and was controlling and operating said railroad under said lease, as owner and proprietor, at…

2Cases cited5 opinions

  1. Farish & Co. v. ReigleSupreme Court of Virginia · 1854
  2. Balt. & Ohio R. R. v. Gallahue's adm'rsSupreme Court of Virginia · 1855
  3. McNewis Executors v. RogersTennessee Supreme Court · 1850
  4. Hewitt v. CommonwealthSupreme Court of Virginia · 1867
  5. Goshorn v. Board of SupervisorsWest Virginia Supreme Court · 1865

3Cited by17 opinions

  1. Acuar v. LetourneauSupreme Court of Virginia · 2000
  2. Schickling v. AspinallSupreme Court of Virginia · 1988
  3. Richard R. Rayfield v. Forrest LawrenceCourt of Appeals for the Fourth Circuit · 1958
  4. Karsten v. Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc.District Court, E.D. Virginia · 1992
  5. Bullard v. AlfonsoSupreme Court of Virginia · 2004

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