Jones v. Old Dominion Cotton Mills

Citations

• 82 Va. 140
• 1886 Va. LEXIS 18

Syllabus

<p>1. Practice at Common Law—Demurrer to evidence.—It is the settled rule that by demurring to the evidence the demurrant waives all evidence on his part that conflicts with that of the other party, admits the credit of the evidence demurred to, admits all inferences of fact that may be fairly deduced from the evidence, and refers it to the cour,t to deduce all fair inferences from the evidence. Trout v. Va. & Tenn. R. R. Co., 23 Gratt. 637.</p> <p>2. Idem—Declaration—Negligent injury.—A declaration need not state whether plaintiff was an employee or a mere trespasser, but is sufficient, if it state when, where, in what manner, and under what circumstances plaintiff was injure^, by the default, negligence, and improper conduct of defendant’s servant, who was then and there in care and management of certain described machinery of defendant.</p> <p>3. Appellate Courts—Two verdicts—Judgment.—The usual practice of appellate courts is to consider entire record and pass on errors as committed, and, generally, to reverse judgments for any matérial error, not waived, without looking to subsequent proceedings. And where a right verdict is set aside, they will restore it and enter judgment on it, and reverse subsequent judgment inconsistent with previous right verdict. But where subsequent judgment is consistent with previous right verdict, it will be affirmed. Yet, where plaintiff was entitled to judgment on first verdict set aside on defendant’s motion, and first and last verdicts arrive at same result, the only difference being that the last finds a larger amount of damages for injury for which defendant is in damages responsible, plaintiff is entitled to judgment on last verdict.</p> <p>4. Idem—Case at ba/r.—Where two verdicts are rendered in succession, giving plaintiff damages for injury received by him through negligence of defendant, and each, in turn, is set aside on defendant's motion, and a third verdict is rendered, giving plaintiff a larger amount of damages, sub