Virginia & Southwestern Railway Co. v. Bailey
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Bristol, 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 facts of the case sufficiently appear in the opinion of the court.
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Error to a judgment of the Corporation Court of the city of Bristol, 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 facts of the case sufficiently appear in the opinion of the court. After the evidence was all in, the court gave the following instructions on the motion of the defendant in error, and over the objection of the plaintiff in error: Instruction for Plaintiff, No. 1. — Given. “The court instructs the jury that when a person enters the employ of a railroad company as fireman, he only assumes…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
D. H. Bailey, the plaintiff in the court below, was a locomotive fireman in the freight-train service of the Virginia & Southwestern Railway Company. On the 16th day of April, 1903, the crew to which he belonged started from Bristol to Big Stone Gap, and arrived at Clinchport, an intermediate point, some time during the night of that day. At Clinchport the crew received orders to shift some cars which were standing on a siding. The engine and tender were accordingly cut loose from the train at the depot, and all of the crew except the fireman went…
2Cases cited3 opinions
- Bertha Zinc Co. v. Martin's Adm'rSupreme Court of Virginia · 1895
- Diamond State Iron Co. v. Alex. K. Rarig & Co.Supreme Court of Virginia · 1896
- Norfolk & Western Railroad v. Nuckol's Adm'rSupreme Court of Virginia · 1895
3Cited by24 opinions
- Lawrence v. NelsonWest Virginia Supreme Court · 1960
- E. I. DuPont de Nemours & Co. v. TaylorSupreme Court of Virginia · 1919
- Morris v. PeytonSupreme Court of Virginia · 1927
- Conrad v. Ellison-Harvey Co.Supreme Court of Virginia · 1917
- Norfolk Railway & Light Co. v. SpratleySupreme Court of Virginia · 1905
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