Southwest Improvement Co. v. Andrew
Supreme Court of Virginia
Error to judgment of circuit court of Tazewell county, rendered June 11, 1889, in an action of tresspass on the case, wherein John Q. Andrew’s administrator is plaintiff and the Southwest Virginia Improvement company is defendant.
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Error to judgment of circuit court of Tazewell county, rendered June 11, 1889, in an action of tresspass on the case, wherein John Q. Andrew’s administrator is plaintiff and the Southwest Virginia Improvement company is defendant. The action was .instituted against the plaintiff in error, the owner and proprietor of certain coal mines situated in the county of Tazewell, hy the defendant in error, for the negligent killing of his intestate while working as a laborer in said coal mines. Upon the trial in the court below the defendant demurred to the declaration, which demurrer the court…
1Opinion of the CourtLacy, J.
The first error assigned here is the action of the court in overruling the demurrer to the declaration of the plaintiff.
First-. Because the declaration does not allege negligence on the part of the defendant company.
An inspection of the declaration sIioavs a sufficient allegation of negligence. It says, “ yet, the said defendant, not regarding its said duty, did not use the proper care for the safety of the said John Q. AndreAv, Avliile he Avas so engaged in working the said coal mines; and did not so proA’ide and operate said coal *272mines as it reasonably might have done, so that said John Q.…
2Cases cited9 opinions
- Wonder v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1870
- Baltimore & Ohio R. R. v. McKenzieSupreme Court of Virginia · 1885
- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
- So. W. Improvement Co. v. Smith's Adm'rSupreme Court of Virginia · 1888
- O'Connell v. Baltimore & Ohio R. R.Court of Appeals of Maryland · 1863
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3Cited by18 opinions
- Kimball & Fink v. Friend's Adm' rSupreme Court of Virginia · 1897
- Southern Railway Co. v. Bryant's Adm'rSupreme Court of Virginia · 1897
- City of Winchester v. CarrollSupreme Court of Virginia · 1901
- Southern Railway Co. v. Bruce's Adm'rSupreme Court of Virginia · 1899
- Core v. WilhelmSupreme Court of Virginia · 1919
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