Trout v. Va. & Tenn. R. R.
Supreme Court of Virginia
This is a supersedeas to a judgment of the Circuit court of Roanoke county, rendered in an action of trespass on the case, brought by the plaintiff in error, Trout against the defendants in error, the Virginia & Tennessee Railroad company, to recover damages for the destruction of two mares and the injury of a horse, belonging to the plaintiff, on the railroad of the defendants, alleged to have been caused by the negligence and carelessness of the defendants, their servants…
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This is a supersedeas to a judgment of the Circuit court of Roanoke county, rendered in an action of trespass on the case, brought by the plaintiff in error, Trout against the defendants in error, the Virginia & Tennessee Railroad company, to recover damages for the destruction of two mares and the injury of a horse, belonging to the plaintiff, on the railroad of the defendants, alleged to have been caused by the negligence and carelessness of the defendants, their servants and agents in driving and running their engines and coaches, on said railroad, in said county. The only plea in the case…
1Opinion of the Court
Moncure, P.,
delivered the opinion of the court.
The plaintiff, in his petition for á supersedeas, complains that the judgment is erroneous in two respects *636only, viz: 1st. In requiring the plaintiff to join in the demurrer to the evidence ; and, 2d, in sustaining the said demurrer. And—.
First. We are of opinion that the court did not err in . . . .7 ... requiring the plaintiff to join 111 the demurrer to evidence. It is contended that the court did err in that respect, because the gravamen of the action, being negligence, which is a question of fact and not of law, and there “being testimony…
2Cases cited3 opinions
- Clark v. Tacoma Building & Savings Ass'nWashington Supreme Court · 1891
- Tutt v. Slaughter's adm'rSupreme Court of Virginia · 1849
- Union Steamship Co. v. NottinghamsSupreme Court of Virginia · 1866