Atlantic & Danville R. R. Co. v. Peake
Supreme Court of Virginia
Error to judgment of circuit court of Norfolk county, rendered on the 28th of September, 1889, in an action of trespass on the case, wherein John G. Peake was plaintiff and the Atlantic & Danville Railway Company was defendant.
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Error to judgment of circuit court of Norfolk county, rendered on the 28th of September, 1889, in an action of trespass on the case, wherein John G. Peake was plaintiff and the Atlantic & Danville Railway Company was defendant. The transcript of the record, as certified by the clerk of the court, states that the declaration was filed at rules, on the third Monday in July, 1889, to which rules the writ, which was' dated the 27th day of June, 1889, directed the defendant company to be summoned to answer. The declaration charges that the defendant, in constructing its road over the land of Jacob…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The first of the numerous errors assigned is that the circuit court erred in overruling the motion for a special jury. It appears from the bill of exceptions on this subject that the motion was put upon the ground that the case was one “involving questions in which a whole magisterial district was interested, and that it would be almost an impossibility to draw from the ‘jury-box’ or ‘jury-list’ a jury that would not contain some name or names from that district, and that there was much prejudice in that district against the defendant company. But”…
2Cases cited4 opinions
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Creighton v. KerrSupreme Court of the United States · 1874
- Harvey v. SkipwithSupreme Court of Virginia · 1863
- Shenandoah V. R. R. v. Ashby's TrusteesSupreme Court of Virginia · 1889
3Cited by24 opinions
- Richmond & Mecklenburg R. R. v. HumphreysSupreme Court of Virginia · 1894
- Spindel v. JamisonSupreme Court of Virginia · 1958
- Hardy v. CommonwealthSupreme Court of Virginia · 1910
- Mechtensimer v. WilsonSupreme Court of Virginia · 1993
- Southern Railway Co. v. OliverSupreme Court of Virginia · 1904
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