Legal Opinion

N. & W. R. R. v. Donnelly's Adm'r

Supreme Court of Virginia

Decided March 11, 1892PublishedCited by 16 opinions

Argued at Wytheville. Decided at Richmond. Error to judgment of hustings court of city of Roanoke, rendered September 21st, 1889, in an action of trespass on the case, wherein Simon A. Donnelly’s administrator, the defendant in error, was plaintiff, and the Eorfolk and Western Railroad Company was defendant.

1Opinion of the CourtLacy, J.

*854Simon A. Donnelly was a fireman on a section of a westbound train of the plaintiff in error in a collision which occurred a few miles west of Lynchburg and about one mile east of Forest Depot. The section of this train was running under and in strict accordance with its schedule going west and entitled to the right of way against all east going trains, except when ordered otherwise, and in this instance had no orders to the contrary.

The collision was caused as is fully explained in the case of Harris v. N. & W. R. R. Co., recently decided in this court; opinion by Judge Richardson.

Harris was…

2Cases cited3 opinions

  1. Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
  2. Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
  3. Clark's Adm'r v. R. & D. R. R.Supreme Court of Virginia · 1884

3Cited by16 opinions

  1. Aronovitch v. AyresSupreme Court of Virginia · 1937
  2. Norfolk & Western Railroad v. Nuckol's Adm'rSupreme Court of Virginia · 1895
  3. Jackson v. Norfolk & W. R.West Virginia Supreme Court · 1897
  4. Southern Railway Co. v. SmithSupreme Court of Virginia · 1907
  5. Norfolk & Western Railroad v. Houchins' Adm' rSupreme Court of Virginia · 1897

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