Director General of Railroads v. Blue
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Charlottesville in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. In this case (an action for damages by the defendant in error as plaintiff in the court below against the plaintiff in error as defendant in the court below) there was a trial by jury; a demurrer to the evidence by the defendant, and a verdict in favor of the plaintiff, subject to the demurrer.
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Error to a judgment of the Corporation Court of the city of Charlottesville in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. In this case (an action for damages by the defendant in error as plaintiff in the court below against the plaintiff in error as defendant in the court below) there was a trial by jury; a demurrer to the evidence by the defendant, and a verdict in favor of the plaintiff, subject to the demurrer. The trial court overruled the demurrer and entered judgment in accordance with the verdict. This action of the trial court is the sole…
1Opinion
Reheard November 16, 1922.
Kelly, P.,
delivered the opinion of the court.
[6] This case is before us upon a rehearing. The former opinion, reported in 109 S. E. 482, states the *375facts fully and correctly, with the exception of the inadvertent reference therein to the length of the engine as being 184 feet. The fact is that it was only eighty-four feet long. This error, however, was immaterial, and does not affect the result. While it appeared from the statement of facts in the opinion that after the plaintiff had entered what is referred to as the zone of danger, the engine was still about its…
2Cases cited10 opinions
- Gunter's Adm'r v. Southern Railway Co.Supreme Court of Virginia · 1920
- Southern Railway Co. v. DavesSupreme Court of Virginia · 1908
- Southern Railway Co. v. BaptistSupreme Court of Virginia · 1913
- Springs v. Virginia Railway & Power Co.Supreme Court of Virginia · 1915
- Morton's v. Southern Railway Co.Supreme Court of Virginia · 1911
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