Legal Opinion

Norfolk & Western Railroad v. Anderson

Supreme Court of Virginia

Decided June 15, 1893PublishedCited by 13 opinions

Error to judgment of circuit court of Nansemond county, rendered April 11, 1892, in an action of trespass on the case, wherein W. M. Anderson was plaintiff, and the Norfolk and Western Railroad Company was defendant. The action was brought to recover damages for the alleged wrongful expulsion of the plaintiff from one of the defendant’s passenger trains. There was a verdict and judgment for the plaintiff for two thousand dollars damages and costs.

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Error to judgment of circuit court of Nansemond county, rendered April 11, 1892, in an action of trespass on the case, wherein W. M. Anderson was plaintiff, and the Norfolk and Western Railroad Company was defendant. The action was brought to recover damages for the alleged wrongful expulsion of the plaintiff from one of the defendant’s passenger trains. There was a verdict and judgment for the plaintiff for two thousand dollars damages and costs. The declaration states in substance, and the evidence shows, that on the 17th of March, 1890, the plaintiff purchased of the defendant company a…

1Opinion of the Court

Lewis, P.,

(after stating the case) delivered the opinion of the court.

In determining whether the judgment is right or not, it is important to observe, in the first place, what the contract between the parties was. Its language is that “ when requested by the conductor at the time this ticket is presented for passage. * * I (the purchaser of the ticket) will sign my name in the presence of the conductor on the back of the highest numbered coupons required for the trip, and will otherwise *6identify myself as the original purchaser of the ticket.” This means that the person presenting the ticket…

2Cases cited12 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
  2. Day v. WoodworthSupreme Court of the United States · 1852
  3. Barry v. EdmundsSupreme Court of the United States · 1886
  4. Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
  5. New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Farish & Co. v. ReigleSupreme Court of Virginia · 1854
  2. Boyd v. BulalaDistrict Court, W.D. Virginia · 1987
  3. In re CutchinSupreme Court of Virginia · 1912
  4. Moore Lumber Corp. v. WalkerSupreme Court of Virginia · 1910
  5. Sperry Rand Corporation, a Delaware Corporation v. A-T-O, Inc. (Formerly "Automatic Sprinkler Corporation of America")Court of Appeals for the Fourth Circuit · 1972

8 more not listed; retrieve them via the Exa API.

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