Stokes' Administratrix v. Southern Railway Co.
Supreme Court of Virginia
Error to a judgment of tbe Circuit Court of Lunenburg county, in an action of trespass on tbe case. Judgment on demurrer to tbe evidence for tbe defendant. Plaintiff assigns error. Tbis w.as an action to recover for tbe death of tbe plaintiff’s intestate, occasioned by a collision'at a grade crossing with a passenger tráin of tbe defendant company. Tbe plaintiff’s intestate was driving a two-borse wagon down a road.
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Error to a judgment of tbe Circuit Court of Lunenburg county, in an action of trespass on tbe case. Judgment on demurrer to tbe evidence for tbe defendant. Plaintiff assigns error. Tbis w.as an action to recover for tbe death of tbe plaintiff’s intestate, occasioned by a collision'at a grade crossing with a passenger tráin of tbe defendant company. Tbe plaintiff’s intestate was driving a two-borse wagon down a road. It was claimed, among other things, that tbe view of tbe crossing was obstructed by weeds and bushes, and that tbe train which inflicted tbe injury was running at a rate of speed…
1Opinion of the CourtBuciiaNAN, J.
This is an action to recover damages for the alleged negligent killing of the plaintiff’s intestate by the Southern Railway Company.
TJpon the trial of the cause, the defendant company demurred to the evidence. Its demurrer was sustained, and a judgment rendered in its favor. To that judgment this writ of error was awarded.
It appears that about five o’clock on the 22nd day of August, 1903, a southbound passenger train of the defendant company ran upon the plaintiff’s intestate, W. II. Stokes, who was crossing its track .at a highway grade crossing near Meherrin, in the county of Lunenburg, in…
2Cases cited3 opinions
- Washington Southern Railway Co. v. LaceySupreme Court of Virginia · 1897
- Johnson's Adm'r v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1895
- Virginia Building & Loan Co. v. GlennSupreme Court of Virginia · 1901
3Cited by10 opinions
- Southern Railway Co. v. Hansbrough's AdministratrixSupreme Court of Virginia · 1908
- Southern Railway Co. v. JonesSupreme Court of Virginia · 1907
- United States Spruce Lumber Co. v. ShumateSupreme Court of Virginia · 1916
- Smith's Administrator v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1908
- Chesapeake & Ohio Railway Co. v. Hall's AdministratorSupreme Court of Virginia · 1909
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