Virginia Iron, Coal & Coke Co. v. Tomlinson's Administrator
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Wythe county in an action of trespass on the case. Judgment- for the plaintiff. Defendant assigns error. The opinion states the case.
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Error to a judgment of the Circuit Court of Wythe county in an action of trespass on the case. Judgment- for the plaintiff. Defendant assigns error. The opinion states the case. The instructions 2, 4, 10' and 13 given on behalf of the defendant after being modified as pointed out in the opinion of the court were as follows: 2. “The court instructs the jury that to entitle the plaintiff to recover he must prove his case as it is alleged in his declaration, that he cannot allege one state of facts and recover upon other and different facts than those charged. As to - what facts are proven the…
1Opinion of the CourtBuciiaNAN, J.
Vivian P. Tomlinson, an infant aged eleven years and six months, lost his life whilst in the service of the Virginia Iron, Coal & Coke Company, and this action was instituted by his personal representative (his father) to recover damages on the ground that his decedent’s death was caused by the negligence of the defendant company. '
Upon a trial of the cause there was a verdict and judgment against the defendant company, and to that judgment this writ of error was awarded.
It appears that the defendant company was the owner and operator of machinery called a “buddle,” used for the purpose of…
2Cases cited5 opinions
- Richmond Locomotive Works v. FordSupreme Court of Virginia · 1897
- Southern Railway Co. v. MauzySupreme Court of Virginia · 1900
- Lane Bros. & Co. v. BausermanSupreme Court of Virginia · 1904
- Lynchburg Cotton Mills v. StanleySupreme Court of Virginia · 1904
- Parlett v. DunnSupreme Court of Virginia · 1904
3Cited by15 opinions
- Virginia-Carolina Chemical Co. v. KnightSupreme Court of Virginia · 1907
- State v. JensenOregon Supreme Court · 1914
- Powers v. CommonwealthSupreme Court of Virginia · 1944
- Rugenstein v. OttenheimerOregon Supreme Court · 1914
- Arminius Chemical Co. v. LandrumSupreme Court of Virginia · 1912
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