N. & W. R. R. v. Nunnally's Adm'r
Supreme Court of Virginia
Error to judgment of circuit court of Prince Edward county, rendered March 8th, 1890, in an action of trespass on the case for negligent killing, wherein W. J. Chappell, administrator of E. J. Ñunnally, deceased, was plaintiff, and the Norfolk and "Western Eailroad Company, the plaintiff in error, was defendant.
1Opinion of the CourtHinton, J.
This was an action of trespass on the case, tried in the circuit- court of Prince Edward county, in which there was a verdict and judgment for the plaintiff. And, unless there shall appear to be some error in the technical exceptions hereafter to he noticed, that judgment, must be sustained.
In the record there is a certificate of evidence, but no certificate of the “facts proved,” and, consequently, under the provision of section 3484 of the Code, the case must he heard here as upon a demurrer to evidence.
And as, by demurring to the evidence, the demurrant waives or abandons all of his…
2Cases cited8 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Railroad Company v. FortSupreme Court of the United States · 1874
- Baltimore & Ohio R. R. v. McKenzieSupreme Court of Virginia · 1885
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3Cited by7 opinions
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- Manufacturers' Bottle Co. v. Taylor-Stites Glass Co.Massachusetts Supreme Judicial Court · 1911
- State ex rel. Keeney v. BlandWest Virginia Supreme Court · 1921
- Walker v. VandiverTennessee Supreme Court · 1915
- Brown v. BrownSupreme Judicial Court of Maine · 1913
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