Clinchfield Coal Corp. v. Ray
Court of Appeals of Virginia
Error to a judgment of the Circuit Court of Russell county, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. STATEMENT OF THE CASE AND FACTS. This is a.personal injury case in which there was a verdict of the jury in favor of the defendant in error — plaintiff in the court below — against the plaintiff in error — defendant in the court below — who will be hereinafter referred to as plaintiff and defendant.
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Error to a judgment of the Circuit Court of Russell county, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. STATEMENT OF THE CASE AND FACTS. This is a.personal injury case in which there was a verdict of the jury in favor of the defendant in error — plaintiff in the court below — against the plaintiff in error — defendant in the court below — who will be hereinafter referred to as plaintiff and defendant. There was, by the defendant, a demurrer to the declaration, a number of exceptions to the giving and refusing of instructions and a motion to set aside…
1Opinion of the CourtSims, J.
The assignments of error, while numerous, raise only a few questions which are material, in the view we take of the case. Such questions will be considered and passed upon in their order as stated below.
The decision of most of the questions raised as aforesaid turns upon the application of the doctrine of assumption of risk.
That doctrine is well settled. The servant assumes the risk of dangers which are known to and appreciated by him, or which are ordinarily incident to the service or are open and obvious, which the law will infer are so known to him.
The chief question which we have to…
2Cases cited7 opinions
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Norfolk & Western Railroad v. Nuckol's Adm'rSupreme Court of Virginia · 1895
- R. & D. R. R. v. NormentSupreme Court of Virginia · 1887
- Pittard's Administrator v. Southern Railway Co.Supreme Court of Virginia · 1907
- City Gas Co. v. WebbSupreme Court of Virginia · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- General Electric Company, and Third-Party v. Kelly C. Moretz, and Mason & Dixon Lines, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1959
- McClanahan v. California Spray-Chemical Corp.Supreme Court of Virginia · 1953
- Appalachian Power Co. v. WilsonSupreme Court of Virginia · 1925
- Atlantic Greyhound Corp. v. McDonaldCourt of Appeals for the Fourth Circuit · 1942
- Morris & Co. v. AlvisSupreme Court of Virginia · 1921
4 more not listed; retrieve them via the Exa API.