Legal Opinion

Norfolk & Western Railroad v. Lipscomb

Supreme Court of Virginia

Decided July 6, 1893PublishedCited by 14 opinions

Error to judgment of circuit court of Washington county, rendered at the April term, 1892. The action was trespass on the case for certain alleged grievances committed by the plaintiff in error against the defendant in error, who was a passenger upon the road of the said plaintiff in error, and who by misdirection embarked upon a coach which was cut out of the train without notice.

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Error to judgment of circuit court of Washington county, rendered at the April term, 1892. The action was trespass on the case for certain alleged grievances committed by the plaintiff in error against the defendant in error, who was a passenger upon the road of the said plaintiff in error, and who by misdirection embarked upon a coach which was cut out of the train without notice. "Upon the trial the plaintiff recovered a verdict for $500, and the defendant moved the court to set aside the verdict and grant a new trial, which motion the court overruled and rendered judgment on the said…

1Opinion of the CourtLacy, J.

This ease is as follows: The plaintiff testified as follows.My child had been very sick for two or three weeks, and the doctors advised as soon as we could, as soon as it got better, to move from Big Stone Gap to our home, and on their advice we made this move. I knew the running of the trains — I had traveled it frequently. The S. A. & 0. train got into Bristol between five and six o’clock, and the train I expected to go on left somewhere about eleven o’clock that night. We went to the hotel and stayed there until about time for this train to leave Bristol, probably about twenty minutes…

2Cases cited1 opinion

  1. Pennsylvania Co. v. RoySupreme Court of the United States · 1880

3Cited by14 opinions

  1. Baker v. MarcusSupreme Court of Virginia · 1960
  2. Farish & Co. v. ReigleSupreme Court of Virginia · 1854
  3. Sun Life Assurance Co. of Canada v. BaileySupreme Court of Virginia · 1903
  4. Norfolk & Western R. R. v. NeelySupreme Court of Virginia · 1895
  5. Henry Myers & Co. v. LewisCourt of Appeals of Virginia · 1917

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