Legal Opinion

NORFOLK SOUTHERN RAILWAY COMPANY v. Fincham

Supreme Court of Virginia

Decided June 12, 1972No. Record 7648 and 7649PublishedCited by 15 opinions

1Opinion of the CourtHarman, J.

On March 23, 1967, Danny D. Fincham, nine years old, was severely injured when his right leg was crushed beneath the wheels of a railroad car and had to be amputated below the knee. The accident occurred in the Carolina Yard of the Norfolk Southern Railway Company in the city of Chesapeake. An action was brought against the railroad to recover damages for Danny’s personal injuries. His father, Wood R. Fincham, brought a separate action to recover medical expenses he incurred on Danny’s behalf.

The two actions were tried together pursuant to Code § 8-629. On December 1, 1969, the jury returned…

2Cases cited5 opinions

  1. Smith v. KauffmanSupreme Court of Virginia · 1971
  2. Morris v. PeytonSupreme Court of Virginia · 1927
  3. Hawkins v. BeechamSupreme Court of Virginia · 1937
  4. Tiller v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1950
  5. Mayor of Washington v. CalhounSupreme Court of Georgia · 1898

3Cited by15 opinions

  1. Bulala v. BoydSupreme Court of Virginia · 1990
  2. Kenneth Kerstetter Pamela Kerstetter Elizabeth Kerstetter, by and Through Her Next Friends and Parents, Kenneth and Pamela Kerstetter v. United StatesCourt of Appeals for the Fourth Circuit · 1995
  3. Mahony v. BeckerSupreme Court of Virginia · 1993
  4. Appalachian Power Co. v. LaForceSupreme Court of Virginia · 1974
  5. Cooper v. AdlerCourt of Appeals of Virginia · 2004

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