Dingee, Weinman & Co. v. Unrue's Adm'x
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Lynch-"burg, rendered April 21, 1899, in an action of trespass on tire case, wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants.
1Opinion of the CourtBuchanan, J.
This action was brought by the administratrix of John W. Unrue, deceased, to recover damages from B. S. Terry and IVf. H. Dingee, partners trading under the firm name of Dingee, Weinman & Co., for causing the death of the plaintiff’s intestate whilst working as a common laborer in a barytes mine of the defendants. Upon the trial of the cause, there was a verdict and judgment in favor of the plaintiff. To that judgment this writ of error was awarded.
The first error assigned is that the Circuit Court erred in overruling the demurrer to the fourth count in the declaration.
The objection to it is…
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