Perkins v. Southern Railway Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Pittsylvania county in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error.
1Opinion of the CourtWhittle, J.
This is a crossing case in which the negligence of the defendant in failing to give the statutory signals is conceded. The circuit court sustained the defendant’s demurrer to the plaintiff’s evidence; and the harrow question for our consideration is whether or not the alleged contributory negligence of the plaintiff in error was so clearly proved as to have justified the court in withdrawing the question from the jury.
The material facts from the standpoint of a demurrer to the evidence may be thus summarized: On Sunday afternoon, June 15, 1913, D. G. Hagood, who was the owner of a wagon and…
2Cases cited9 opinions
- Kimball & Fink v. Friend's Adm' rSupreme Court of Virginia · 1897
- Bass' Administrator v. Norfolk Railway & Light Co.Supreme Court of Virginia · 1901
- Southern Railway Co. v. Aldridge's Adm'rSupreme Court of Virginia · 1903
- Marshall's Adm'r v. Valley RailroadSupreme Court of Virginia · 1899
- Atlantic Coast Line Railroad v. GrubbsSupreme Court of Virginia · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Burks v. Webb, AdministratrixSupreme Court of Virginia · 1957
- Southern Railway Co. v. Jones' AdministratorSupreme Court of Virginia · 1916
- Core v. WilhelmSupreme Court of Virginia · 1919
- Shiflett's Administratrix v. Virginia Railway & Power Co.Supreme Court of Virginia · 1923
- Washington & Old Dominion Railway v. Jackson's AdministratorSupreme Court of Virginia · 1915
2 more not listed; retrieve them via the Exa API.