Legal Opinion

Swift & Co. v. Hatton

Supreme Court of Virginia

Decided January 16, 1919PublishedCited by 3 opinions

Error to a judgment of the Circuit Court of city of’ Norfolk, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error.

1Opinion of the Court

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

The pivotal question in the case before us is this:

1. Had the dangerous condition of the instrumentality —the pork barrel—at the time of the injury to the plaintiff — (all set forth in the above statement of the facts)—existed for so long a time and under such circumstances that the defendant had constructive knowledge thereof a sufficient length of time prior to the accident for it to have removed such condition by the exercise of reasonable care?

The case involves an instrumentality in itself safe for…

2Cases cited20 opinions

  1. Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
  2. Richmond Locomotive Works v. FordSupreme Court of Virginia · 1897
  3. Norfolk & Western Railroad v. Nuckol's Adm'rSupreme Court of Virginia · 1895
  4. Russell Creek Coal Co. v. WellsSupreme Court of Virginia · 1898
  5. Borden v. Daisy Roller Mill Co.Wisconsin Supreme Court · 1898

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3Cited by3 opinions

  1. Quisenberry v. Huntington Ingalls IncorporatedSupreme Court of Virginia · 2018
  2. Colonna Shipyard v. DunnSupreme Court of Virginia · 1928
  3. Edwards v. Laurel Branch Coal Co.Supreme Court of Virginia · 1922

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