Norfolk & Western Railway Co. v. Davis' Administrator
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Wythe county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error.
1Opinion of the CourtBuchanan, J.
The declaration in this case contained four counts, to each of which and to the whole declaration there was a demurrer. The court overruled the demurrer, except as to the fourth count, and its action in not sustaining the demurrer to the other three counts is assigned as error.
The first count, omitting the formal parts, after stating that the plaintiff’s intestate and the freight train which caused his death were going in the same direction towards Max Meadows, a station on the defendant company’s line of road, avers, that “At a point on said railroad in said county between Wvtheville depot…
2Cases cited2 opinions
- McCoy v. CommonwealthCourt of Appeals of Virginia · 1986
- Southern Railway Co. v. DavesSupreme Court of Virginia · 1908
3Cited by4 opinions
- Chesapeake & Ohio Railway Co. v. Corbin's Adm'r.Supreme Court of Virginia · 1909
- Wright v. Atlantic Coast Line RailroadSupreme Court of Virginia · 1910
- Morton's v. Southern Railway Co.Supreme Court of Virginia · 1911
- Backus v. Norfolk & Atlantic Terminal Co.Supreme Court of Virginia · 1911