Legal Opinion

Risque's Administrator v. Chesapeake & Ohio Railway Co.

Supreme Court of Virginia

Decided September 26, 1905PublishedCited by 8 opinions

E'rror to a judgment of the Circuit Court of Rockbridge county, in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error. The opinion states the case.

1Opinion of the CourtHarrison, J.

This action was brought to recover damages for the alleged negligent killing of the plaintiff’s intestate in a collision between an engine of the Alleghany Ore and Iron Company, which owns and operates the Buena Yista Iron Furnace, and a passenger train of the Chesapeake and Ohio Railway Company, at a crossing near Buena Yista.

There was a demurrer to the evidence, and a judgment thereon in favor of the defendant, and thereupon the case was brought to this court.

We are of opinion that the. demurrer to the eighth and ninth counts of the declaration was properly sustained. These counts aver that…

2Cases cited4 opinions

  1. Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
  2. Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895
  3. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BrowningIndiana Court of Appeals · 1904
  4. Kelly v. Duluth, South Shore & Atlantic Railway Co.Michigan Supreme Court · 1892

3Cited by8 opinions

  1. Markley v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1936
  2. Anderson v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1914
  3. Logan v. Cin., N. O. & T. P. Railway Co.Court of Appeals of Kentucky · 1910
  4. Waldron v. Director General of RailroadsCourt of Appeals for the Fourth Circuit · 1920
  5. Veale v. Norfolk and Western Railway CompanySupreme Court of Virginia · 1965

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