Va. Midland R. R. v. Boswell's Adm'r
Supreme Court of Virginia
Error to judgment of circuit court of Pittsylvania county, rendered December 2, 1884, in an action of trespass on the case wherein W. J. Overby, sheriff, and as such administrator of C. B. Boswell, deceased, was plaintiff, and the Virginia Midland Railway Company was defendant. The verdict and judgment being adverse to the defendant, it obtained a writ of error and supersedeas.
1Opinion of the CourtHinton, J.
This is an action brought by the personal representative of C. B. Boswell against the Virginia Midland Railway Company to recover damages for the death of the said Boswell, caused, as it is alleged, by the negligence of the said company.
There was a demurrer to the declaration, which was overruled; whereupon issue was joined upon the plea of not guilty. The evidence having been fully heard, the defendant tendered a demurrer thereto, in which demurrer the plaintiff was required to join. The jury found a verdict for the plaintiff, and assessed his damages at $5,000. The court ovei’ruled the…
2Cases cited2 opinions
- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
- Rudd's Adm'r v. R. & D. RailroadSupreme Court of Virginia · 1885
3Cited by2 opinions
- Chesapeake & Ohio Railway Co. v. Corbin's Adm'r.Supreme Court of Virginia · 1909
- Cin., N. O. & T. P. Ry. Co. v. Marrs' Admx.Court of Appeals of Kentucky · 1905