Legal Opinion

Norfolk & Western Railway Co. v. Marpole

Supreme Court of Virginia

Decided November 16, 1899PublishedCited by 21 opinions

Error to a judgment of the Circuit Court of Page county, rendered May 7, 1898, in an action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant.

1Opinion of the CourtCardwell, J.

This is an action of trespass on the case brought by A. H. Marpole against the N. & W. R. R. Co. in the Circuit Court of Page county to recover damages for injuries alleged to have been sustained by the plaintiff, a brakeman in the employ of the defendant, on a freight train, while in the discharge of his duty, and when passing under an overhead bridge on the line of the defendant’s railway, near Luray, Yas The gravamen of plaintiff’s complaint in his declaration is that the overhead bridge was too low to pass under it with safety while walking or standing-on the top of the train, and that,…

2Cases cited8 opinions

  1. Bertha Zinc Co. v. Martin's Adm'rSupreme Court of Virginia · 1895
  2. Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1889
  3. Blankenship v. Chesapeake & O. R. Co.Supreme Court of Virginia · 1897
  4. Taylor v. MallorySupreme Court of Virginia · 1898
  5. Central Railway Co. v. SerfassIllinois Supreme Court · 1894

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3Cited by21 opinions

  1. Kondaurov v. KerdashaSupreme Court of Virginia · 2006
  2. Chesapeake & Ohio Railway Co. v. Sparrow's Admr.Supreme Court of Virginia · 1900
  3. Southern Railway Co. v. MauzySupreme Court of Virginia · 1900
  4. Ralph Seymour & Burford Buick Corp. v. RichardsonSupreme Court of Virginia · 1953
  5. Connelly v. Western Union Telegraph Co.Supreme Court of Virginia · 1902

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