Norfolk & Western Railway Co. v. Sink's
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Roanoke in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error.
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
Upon the first trial of this cause there was a verdict for the defendant, which, upon a motion made by the plaintiff, was set aside, and at the second trial there was a verdict and judgment for the plaintiff.
By virtue of section 3484 of the Code of Virginia, the court must “look first to the evidence and proceedings on the first trial, and if it discovers that the court erred in setting aside the verdict on that trial it shall set aside and annul all proceedings subsequent to said verdict and enter judgment thereon.”
It appears from the bill of…
2Cases cited5 opinions
- Consumers' Brewing Co. v. Doyle's AdministratrixSupreme Court of Virginia · 1904
- Richmond Railway & Electric Co. v. HudginsSupreme Court of Virginia · 1902
- Wise Terminal Co. v. McCormickSupreme Court of Virginia · 1905
- Norfolk Southern Railroad v. CrockerSupreme Court of Virginia · 1915
- Rangeley's Adm'r v. Southern Railway Co.Supreme Court of Virginia · 1898
3Cited by11 opinions
- Texas & New Orleans Railroad v. BurdenTexas Supreme Court · 1947
- Gulf, C. & S. F. Ry. Co. v. GaddisTexas Commission of Appeals · 1919
- Norfolk & Western Railway Co. v. Wellons' AdministratorSupreme Court of Virginia · 1930
- Hancock v. Norfolk & Western Railway Co.Court of Appeals of Virginia · 1928
- Holstine v. Director General of RailroadsIndiana Court of Appeals · 1922
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