Tucker's Adm'r v. Norfolk & Western Railroad
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Dinwiddie county, rendered September 23, 1892, in an action of trespass on the case, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. The defendant demurred to the evidence of the plaintiff, and the court sustained the demurrer and rendered judgment in favor of the defendant.
1Opinion of the CourtHarrison, J.
The question involved in this case is the liability of the-Norfolk and Western Railroad Company for the alleged negligent killing of the plaintiff’s intestate, who was a trespasser upon the premises of the defendant company.
The court, in a very recent opinion, has prescribed what seems to us a wise and just rule for our guidance in cases like this. It is there said that the plaintiff should recover, notwithstanding his own negligence exposed him to the risk of injury, if the injury of which he complains was proximately caused by omissions of the defendant, after having such notice of the…
2Cited by20 opinions
- San Antonio & Aransas Pass Railway Co. v. McMillanTexas Supreme Court · 1907
- Blankenship v. Chesapeake & O. R. Co.Supreme Court of Virginia · 1897
- Norfolk & Western Railway Co. v. WoodSupreme Court of Virginia · 1901
- Central of Georgia Railway Co. v. PelfryCourt of Appeals of Georgia · 1912
- Chesapeake & Ohio Railway Co. v. Rodgers' AdministratrixSupreme Court of Virginia · 1902
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