Donable's Administrator v. Town of Harrisonburg
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Rockingham county, in an action of trespass on the case. Demurrer to declaration sustained. Plaintiff assigns error. The opinion states the case.
1Opinion of the CourtCardwell, J.
This is an action on the ease against the town of Harrison-*534burg, to recover damages for the death of plaintiff’s intestate, caused by an explosion of dynamite at a rock quarry operated by the defendant outside of its corporate limits, at which quarry the decedent was employed as a laborer.
The defendant demurred to the declaration upon the ground that the operation of a rock quarry by the defendant outside of its corporate limits was an ultra vires undertaking, and, therefore, the defendant was not responsible in damages for the injuries to the decedent, which demurrer was sustained, and to…
2Cases cited8 opinions
- City of Winchester v. RedmondSupreme Court of Virginia · 1896
- The Mayor, C. of Albany v. . CunliffNew York Court of Appeals · 1849
- Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
- Lynchburg & Rivermont Street Railway Co. v. DameronSupreme Court of Virginia · 1898
- Becker v. City of La CrosseWisconsin Supreme Court · 1898
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3Cited by19 opinions
- Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
- City of Richmond v. Board of SupervisorsSupreme Court of Virginia · 1958
- City of Richmond v. Confrere Club of Richmond, Virginia, Inc.Supreme Court of Virginia · 1990
- Almond v. GilmerSupreme Court of Virginia · 1949
- City of Wichita v. ClappSupreme Court of Kansas · 1928
14 more not listed; retrieve them via the Exa API.