Simmons & Winch v. McConnell

Citations

• 86 Va. 494
• 10 S.E. 838
• 1890 Va. LEXIS 10

Syllabus

<p>1. Negligent Injuries—Evidence—Damages.—In action by husband for the negligent killing of his wife, evidence is admissible that after his marriage there was a marked change for the better in his habits and pecuniary condition, as affecting the quantum of damages.</p> <p>2. Idem—instructions—Case, at bar.—Where the killing of the wife was ' caused by a stone thrown by a blast fired in defendant’s quarry, between 500 and 600 feet off, refusal to instruct that the defendants were entitled to continue to conduct their business in their usual manner if no accident had been previously caused thereby: held, not error.</p> <p>3. Practice at common law—Objections to jurors.—Where party had opportunity to question jurors before sworn, and raised no objections to their competency, the verdict will not be set aside on the ground that one of them was employed in the same shop with plaintiff but in a different department, and another’s sons worked in the department of which plaintiff was foreman, unless it is apparent that the verdict ivas wrong in principle or the result of passion or prejudice.</p> <p>4. Idem—Refusing to instruct as asked.—It is not error to refuse to give an instruction asked for, if the court gives one embodying the same propositions of law as applied to the facts.</p>