Norfolk & A. Terminal Co. v. Rotolo
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk. Action by Frank Rotolo against the Norfolk & Atlantic Terminal Company. Judgment for plaintiff, and defendant brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Virginia, at Norfolk. Action by Frank Rotolo against the Norfolk & Atlantic Terminal Company. Judgment for plaintiff, and defendant brings error. Frank Rotolo, alleged citizen and subject of the kingdom of Italy, filed in the court below on August 31, 1908, his declaration in trespass on the ease against the Norfolk & Atlantic Terminal Company, alleging himself to have been injured at or near the intersection of City Hall and Montieello avenues, in the city of Norfolk, Va., while entering an electric car operated…
1Opinion of the CourtPritchard, Circuit Judge
(after stating the facts as above). We are confronted at the threshold of this case with the question as to whether the court below erred in rejecting the plea of the statute of limitations. This involves a construction of section 2934 of the Code of 1904 of Virginia, which gives further time when a suit has been brought against the wrong defendant. The section in question reads as follows:
“If an action commenced within due time in the name of or against one or more plaintiffs or defendants abate as to one of them by the return of no inhabitant or by his or her death or marriage, or if in an…
2Cases cited3 opinions
- Hortenstein v. Virginia-Carolina Railway Co.Supreme Court of Virginia · 1904
- Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Moss v. North Carolina RailroadSupreme Court of North Carolina · 1898
3Cited by1 opinion
- Jordan v. County CommissionersMassachusetts Supreme Judicial Court · 1929