Danville & Western R. R. v. Brown

Citations

• 90 Va. 340
• 18 S.E. 278
• 1893 Va. LEXIS 56

Syllabus

<p>1. Common Law Practice — Alias writ. — Where previous writs of summons have failed for ineffectual service or other irregularities, plaintiff is entitled to an alias writ.</p> <p>2. Idem — Continuance.’—Where plaintiff is allowed to make at bar an immaterial amendment to his declaration; held, not error to refuse defendant a continuance on that ground.</p> <p>3. Appointment — Acceptance—Defence.—Where one is notified of his appointment as a director without declining it, and afterwards receives a summons for the company without remonstrating; held, his acceptance may be presumed, and it is no defence for the company that he, in the absence of collusion, failed to deliver the summons.</p> <p>4. Negligent Injury — Licensee.-—Where one has been notified by defendant company that certain freight has arrived for him at its depot, and whilst walking along the passage to the freight room he is injured by several carelessly piled boxes of iron falling on him; held, he is a licensee, and the company is liable in damages.</p>