Norfolk & Portsmouth Traction Co. v. Ellington's Administrator
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Norfolk county, in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The plaintiff in error seeks to reverse a judgment of the Circuit Court of Norfolk county in an action brought against it by the defendant in error to recover damages for the death of his intestate, John T. Ellington, a motorman on one of its electric cars.
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Error to a judgment of the Circuit Court of Norfolk county, in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The plaintiff in error seeks to reverse a judgment of the Circuit Court of Norfolk county in an action brought against it by the defendant in error to recover damages for the death of his intestate, John T. Ellington, a motorman on one of its electric cars. The accident in which Ellington lost his life occurred about half-past eleven o’clock on the night of August 21, 1906, and was the result of a collision between two of the company’s cars in…
1Opinion of the CourtWhittle, J.
(after making the foregoing statement), delivered the opinion of the court.
There are four counts in the declaration. The first count alleges that the defendant was guilty of negligence in not having an overhead trolley wire over the cross-over. The second count charges the defendant with negligence in failing to adopt adequate rules for the protection of employees using the crossover. The third count charges negligence, on the part of employees in charge of the colliding car. And the fourth count attributes negligence to Erieheit, the conductor on Ellington’s car.
The first and second…
2Cases cited19 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Titus v. Bradford etc. R., Pennsylvania Court of Common Pleas, McKean County1890
- Bertha Zinc Co. v. Martin's Adm'rSupreme Court of Virginia · 1895
- Funk v. St. Paul City Railway Co.Supreme Court of Minnesota · 1895
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Pressman v. BarnesCourt of Appeals of Maryland · 1956
- City of Richmond v. SutherlandSupreme Court of Virginia · 1913
- Jeffress v. Virginia Railway & Power Co.Supreme Court of Virginia · 1920
- Aronovitch v. AyresSupreme Court of Virginia · 1937
- Virginian Railway Co. v. Andrews' AdministratrixSupreme Court of Virginia · 1916
18 more not listed; retrieve them via the Exa API.