Nelson v. Chesapeake & Ohio Railroad
Supreme Court of Virginia
Error to judgmeut of circuit court of city of Richmond, rendered December 23d, 1890, in an action of trespass on the ease. The action was brought by the administrator of Andrew Helson, deceased, against the Chesapeake and Ohio Railway Company to recover damages for the alleged negligent killing of the plaintiff’s intestate.
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Error to judgmeut of circuit court of city of Richmond, rendered December 23d, 1890, in an action of trespass on the ease. The action was brought by the administrator of Andrew Helson, deceased, against the Chesapeake and Ohio Railway Company to recover damages for the alleged negligent killing of the plaintiff’s intestate. The declaration states that the deceased, on the 9th of September, 1889, was in the employ of the defendant company as a track laborer on the line of its road, in the state of West Virginia; that on that day the company, desiring to transfer . the deceased from the point…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
*974If the statute of "West Virginia, giving the right to sue in a case like this, were a penal statute, it is clear that the present action could not he maintained, for the courts of one state do not execute the penal laws of another, such laws being strictly local. Story, Conf. Laws, sec. 621; The Antelope, 10 Wheat. 66. But the statute is not penal, but compensatory in its nature, its object being to give a remedy for certain injuries, not as a punishment to the defendant, hut, primarily, for the benefit of those who are supposed to' have been…
2Cases cited21 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- The AntelopeSupreme Court of the United States · 1825
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
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3Cited by43 opinions
- Loucks v. . Standard Oil Co.New York Court of Appeals · 1918
- Reeves v. Southern Railway Co.Supreme Court of Georgia · 1905
- Maryland v. CoardSupreme Court of Virginia · 1940
- C. I. T. Corp. v. GuySupreme Court of Virginia · 1938
- Hodges v. KimballCourt of Appeals for the Fourth Circuit · 1899
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