Bristol Telephone Co. v. Stockton's
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Washington county, in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error.
1DissentSims, J.
I cannot concur in the above opinion that the action of the court below in overruling the demurrer to evidence and entering judgment for the plaintiff in accordance with the verdict of the jury should be reversed.
*50I think the opinion right in so far as it holds that the defendant in the court below gave sufficient warning to the plaintiff’s intestate; but it owed an equal duty to such intestate, either not to have exposed him to the risk of performing the duty in the performance of which he came to his death, knowing, as it did, that he had absolutely no experience therein, or to have used…
2Cases cited6 opinions
- City of Norfolk v. AnthonySupreme Court of Virginia · 1915
- Giebell v. Collins Co.West Virginia Supreme Court · 1904
- Roanoke Railway & Electric Co. v. YoungSupreme Court of Virginia · 1908
- American Strawboard Co. v. FoustIndiana Court of Appeals · 1895
- Mason v. PostSupreme Court of Virginia · 1906
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