Reed v. Axtell & Myers
Supreme Court of Virginia
Appeal from decree of circuit court of city of Richmond. rendered December 14th, 1886, in a petition for damages for negligent injuries, filed by Mrs. D. A. Reed against Decatur Axtell and Laurence Myers, receivers, in the suit in chancery, wherein Green & Bocock, trustees, are complainants, and the Richmond and Alleghany Railroad Company and others, are defendants.
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Appeal from decree of circuit court of city of Richmond. rendered December 14th, 1886, in a petition for damages for negligent injuries, filed by Mrs. D. A. Reed against Decatur Axtell and Laurence Myers, receivers, in the suit in chancery, wherein Green & Bocock, trustees, are complainants, and the Richmond and Alleghany Railroad Company and others, are defendants. The appellant, a citizen of the State of Indiana, filed her petition in the court below, alleging that on the 22d of July, ■1885, she took passage on one of the trains of the Richmond and Alleghany railroad company, at the town of…
1Opinion of the Court
Lewis, P.,
(after stating the case) delivered the opinion of the court.
The first assignment of error is, that “the circuit court erred in refusing leave to the appellant to bring her action at law in any court of competent jurisdiction, as she had the constitutional right (she being a citizen of the State of Indiana) to have her cause of action heard and determined in a federal court sitting in Virginia.”
So far as the claim of a right to sue in a federal court is concerned, it may be remarked that no such right was specifically claimed in the court below; and if it had been the result •would…
2Cases cited9 opinions
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- Dun v. Seaboard & Roanoke RailroadSupreme Court of Virginia · 1884
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- Watt v. StarkeSupreme Court of the United States · 1880
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