City of Winchester v. Carroll
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Frederick county, rendered at its June term, 1900, in an action of trespass on the case, "wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence in this cause sufficiently appears in the opinion of the court. After the evidence was all in, both plaintiff and defendant tendered instructions.
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Error to a judgment of the Circuit Court of Frederick county, rendered at its June term, 1900, in an action of trespass on the case, "wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence in this cause sufficiently appears in the opinion of the court. After the evidence was all in, both plaintiff and defendant tendered instructions. The plaintiff tendered eighteen instructions, to all of which the defendant objected, and which the court modified and then gave over the objection of the defendant. To this action of the court in giving the…
1Opinion of the CourtWhittle, J.
This was an action of trespass on the case brought by A. E. Oarroll against the city of Winchester to recover damages for personal injuries sustained by her from a fall received while attempting to step from the sidewalk to the roadway on Loudoun or Main street, in that city.
*738There was a verdict and judgment, for the plaintiff, and the case is brought here on writ of error to that judgment.
The alleged cause of action against the city is, that the sidewalk where the accident occurred was higher than the street; that it was unprotected by a barrier or guardrail, and that the street was…
2Cases cited9 opinions
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Buntin v. City of DanvilleSupreme Court of Virginia · 1896
- Bell v. Incorporated Town of ClarionSupreme Court of Iowa · 1901
- Orme v. City of RichmondSupreme Court of Virginia · 1884
- Balt. & Ohio R. R. v. Whittington's Adm'r.Supreme Court of Virginia · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Wyatt v. Chesapeake & Potomac Telephone Co.Supreme Court of Virginia · 1932
- Pence v. BryantWest Virginia Supreme Court · 1903
- Appalachian Power Co. v. RobertsonSupreme Court of Virginia · 1925
- Cardwell v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1913
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