Virginia Railway & Power Co. v. Arnold
Court of Appeals of Virginia
Error to a judgment of the Law and Equity Court of the city of Richmond, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. Statement of the Case and Facts by Sims, J. The plaintiff in error was' the defendant in the court below and will be hereinafter referred to as “defendant.” The defendant in error was the plaintiff in the court below and will be hereinafter referred to as “plaintiff.”
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Error to a judgment of the Law and Equity Court of the city of Richmond, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. Statement of the Case and Facts by Sims, J. The plaintiff in error was' the defendant in the court below and will be hereinafter referred to as “defendant.” The defendant in error was the plaintiff in the court below and will be hereinafter referred to as “plaintiff.” This case is one of personal injury of the plaintiff occasioned while he was in the act of boarding a street car— either moving or moving the instant after plaintiff…
1Opinion of the CourtSims, J.
There are only two questions raised by the assignment of error and presented to us for decision, namely: ■
*2111. Whether a meeting of the minds of defendant and plaintiff in fact upon a contract of carriage of the plaintiff as a passenger is essential to the recovery of the plaintiff?
2. Whether the plaintiff is entitled to recover any damages — although the defendant was negligent in not bringing its car to a stand-still — and although it was moving so slowly that the plaintiff was guilty of no negligence in attempting to board it, if the plaintiff in fact attempted to board the car while it was…
2Cases cited7 opinions
- Conner v. Citizens Street Railway Co.Indiana Supreme Court · 1886
- Klinck v. Chicago City Railway Co.Illinois Supreme Court · 1914
- Newport News & Old Point Railway & Electric Co. v. McCormickSupreme Court of Virginia · 1907
- Reynolds v. Richmond & Manchester Railway Co.Supreme Court of Virginia · 1895
- O'Mara v. St. Louis Transit Co.Missouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Virginia Railway & Power Co. v. DresslerSupreme Court of Virginia · 1922
- Appalachian Power Co. v. WilsonSupreme Court of Virginia · 1925
- Dahline v. City of SeattleWashington Supreme Court · 1931