Clinchfield Coal Co. v. Wheeler's Administrator
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Russell county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The opinion states the case.
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Error to a judgment of the Circuit Court of Russell county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The opinion states the case. Instructions 2 and 14 given at the instance of the plaintiff, and referred to in the opinion of the court are as follows: Ho. 2. “The court instructs the jury, that it is incumbent upon the plaintiff in this case to establish the liability of the defendant by showing that the death of Jack Wheeler was the proximate result of the negligence of the defendant; but it is not incumbent upon the plaintiff to establish such…
1Opinion of the CourtHarrison, J.
This action was instituted in the Circuit Court of Bussell county by the administrator of A. J. Wheeler, deceased, against the Olinchfield Coal Company, to recover damages for the death of his intestate, which it is alleged was caused by the negligence of the defendant company.
A declaration, containing two counts, was filed to December rules, 1906. On January 14, 1907, before there was any appearance, the plaintiff moved the court for leave to amend the writ, and also for permission to the sheriff to amend his return upon the writ. This leave was granted and these amendments made at bar, but…
2Cases cited10 opinions
- Richmond Locomotive Works v. FordSupreme Court of Virginia · 1897
- Norfolk & Western Railway Co. v. Cromer's AdministratrixSupreme Court of Virginia · 1901
- Southern Railway Co. v. MauzySupreme Court of Virginia · 1900
- Big Stone Gap Iron Co. v. KetronSupreme Court of Virginia · 1903
- Chesapeake & Ohio Railway Co. v. WhitlowSupreme Court of Virginia · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Nicholson v. GarlandSupreme Court of Virginia · 1931
- A. H. Jacoby Co. v. WilliamsSupreme Court of Virginia · 1909
- Virginian Railway Co. v. BellSupreme Court of Virginia · 1916
- Bowles' Administrator v. Virginia Soapstone Co.Supreme Court of Virginia · 1914
- Metropolitan Life Insurance Co. of New York v. HartSupreme Court of Virginia · 1934
7 more not listed; retrieve them via the Exa API.