Legal Opinion

Rangeley's Adm'r v. Southern Railway Co.

Supreme Court of Virginia

Decided March 31, 1898PublishedCited by 10 opinions

Error to a judgment of the Corporation Court of the city of' Danville, rendered October 23, 1896, in an action of trespass-on the case wherein the plaintiff in error was the plaintiff, and. the defendant in error was the defendant. This was an action to recover damages for the death of the ■plaintiff’s intestate alleged to have been occasioned by the negligence of defendant’s servants.

Read the full summary

Error to a judgment of the Corporation Court of the city of' Danville, rendered October 23, 1896, in an action of trespass-on the case wherein the plaintiff in error was the plaintiff, and. the defendant in error was the defendant. This was an action to recover damages for the death of the ■plaintiff’s intestate alleged to have been occasioned by the negligence of defendant’s servants. The following instruction, amongst others, was asked by the plaintiff, and refused by the trial court: “The court instructs the jury that it was the duty of the defendant railway company to obey the ordinance…

1Opinion of the CourtBuchanan, J.

This action was brought to recover damages from the defendant company for running one of its trains over the plaintiff’s intestate, at a street crossing in the city of Danville, and causing his death. Upon the trial of the cause a verdict and judgment was. rendered in favor of the defendant, and tO' that judgment this writ of error was awarded.

Three grounds of error axe assigned. The first is to the action of the court in refusing to give instruction TTo. 5 offered by the plaintiff in error.

That instruction in effect informed the jury that a person .approaching a railroad crossing where gates…

2Cases cited1 opinion

  1. Marks' Adm'r v. Petersburg RailroadSupreme Court of Virginia · 1891

3Cited by10 opinions

  1. Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
  2. Koch v. Southern California Ry. Co.California Supreme Court · 1906
  3. Southern Railway Co. v. Jones' AdministratorSupreme Court of Virginia · 1916
  4. Norfolk & Western Railway Co. v. Sink'sSupreme Court of Virginia · 1916
  5. Atlantic Coast Line Railroad v. GrubbsSupreme Court of Virginia · 1912

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API