Southern Railway Co. v. Bryant's Adm'r
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Amherst county rendered May 29, 1896, in an action of trespass on the case wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence tended to show that looking would have been wholly unavailing.
Read the full summary
Error to a judgment of the Circuit Court of Amherst county rendered May 29, 1896, in an action of trespass on the case wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. The evidence tended to show that looking would have been wholly unavailing. If the intestate had left his team and gone to the track and looked, the topography of the country and the curvature of the track were such that he could have seen hut a short distance, and by the time he had returned to his team he would have had no better knowledge of the situation than if he had not gone…
1Opinion of the CourtRiely, J.
R. Eletcher Bryant was struck and killed on December 10, 1895, by a passenger train of the Southern Railway Company *214while crossing its track on the public highway, and this suit was brought to recover from the railway company damages on account of his death. The jury, on the trial, rendered a verdict in favor of the plaintiff for $6,125, and the court entered judgment in accordance with the verdict.
The right of the plaintiff to recover was founded upon the alleged negligence of the railway company in not giving timely notice of the approach of its train to the crossing so as to enable…
2Cases cited9 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Johnson's Adm'r v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1895
- Smedis v. Brooklyn & Rockaway Beach RailroadNew York Court of Appeals · 1882
- Baltimore & Ohio R. R. v. McKenzieSupreme Court of Virginia · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Director General v. Pence's AdministratrixSupreme Court of Virginia · 1923
- Southern Railway Co. v. Hansbrough's AdministratrixSupreme Court of Virginia · 1908
- Bass' Administrator v. Norfolk Railway & Light Co.Supreme Court of Virginia · 1901
- City of Elkins v. Western Maryland Railway Co.West Virginia Supreme Court · 1915
- White v. Southern Railway Co.Supreme Court of Virginia · 1928
42 more not listed; retrieve them via the Exa API.