Va. Central R. R. v. Sanger
Supreme Court of Virginia
This was an action on the case in the Circuit court of Augusta county, brought by Jacob Sanger against the Virginia Central Rail Road Company, to recover damages for an injury which he sustained whilst being carried as a passenger on the defendant’s road. On the trial the defendant asked for six instructions to the jury ; the first four of which were given, the fifth was refused, and the sixth was given with a slight addition.
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This was an action on the case in the Circuit court of Augusta county, brought by Jacob Sanger against the Virginia Central Rail Road Company, to recover damages for an injury which he sustained whilst being carried as a passenger on the defendant’s road. On the trial the defendant asked for six instructions to the jury ; the first four of which were given, the fifth was refused, and the sixth was given with a slight addition. And to the refusal of the court to give the fifth and sixth instructions as asked for, and the giving the sixth with the addition thereto, the defendant excepted. They…
1Opinion of the Court
■ Daniel, J.
The only questions which we have to consider, are those arising out of the ruling of the Circuit court in respect to the fifth and sixth instructions asked for by the plaintiff in error on the trial.
By the fifth instruction the court was asked to say to the jury, that'if they believed from the evidence, that the injury received by the defendant in error was caused by the cars being thrown off the track by a large rock suddenly rolled down upon the track by the servants of Brown & Crickhard, contractors for the performance of work which did not necessarily or properly concern the…
2Cited by15 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Carrico v. West Virginia Cent. & P. R'y Co.West Virginia Supreme Court · 1894
- McKelvey v. Ches. & Ohio R'y Co.West Virginia Supreme Court · 1891
- Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
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