Norfolk & W. Ry. Co. v. Birchett
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of Virginia, at Lynchburg; Henry Clay McDowell, Judge. Action by Harriet P. Birchett against the Norfolk & Western Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
KNAPP, Circuit Judge.
Defendant in error, plaintiff below, recovered judgment, entered upon the verdict of a jury, for injuries received by her while a passenger in a sleeping car on one of the railway company’s trains. The accident occurred on the morning of January 12, 1916, .just after the train west bound had left the station of East Radford, Va., and plaintiff’s account of what happened is this:
“I got up early, and went to the dressing room, and made my toilet, and bad completed it, and was seated in the chair, just putting a few finishing touches to my waist or something, when this…
2Cases cited11 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Railroad Company v. PollardSupreme Court of the United States · 1875
- Foley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Weinschenk v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
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3Cited by3 opinions
- Delaney v. Buffalo, Rochester & Pittsburgh Railway Co.Supreme Court of Pennsylvania · 1920
- Norfolk & W. Ry. Co. v. EsteppCourt of Appeals for the Sixth Circuit · 1953
- Morrisey v. Union Pacific Railroad Co.Utah Supreme Court · 1926