129 Va. 668 | Va. | 1921
delivered the opinion of the court.
• The following facts are revealed by the record in this case: The plaintiff in error, an old man named Smith, owns a small truck farm a few miles north of the city of Newport News. Returning to his farm from that city on the night of May 17, 1919, accompanied by his wife, and driving slowly on the right-hand side of the road, he was run into from the rear by an automobile belonging to Claude S. Withrow, the defendant in error. Hereinafter the parties will be referred to, respectively, as the plaintiff and the defendant.
The impact of the automobile knocked Smith out of his wagon, injured his horse so that he died in a few days, and damaged the vehicle. After making some ineffectual efforts to effect a settlement with the owner of the car, Smith brought an action of trespass against the latter in the Circuit Court of the city of Newport News for personal injuries received and damage to his property, and secured a verdict for five hundred dollars.
The defendant moved to set the verdict aside on the ground that it was contrary to the law and the evidence, and on the further ground of after-discovered evidence. The court overruled the motion on the first ground, and deferred the disposition of the motion on the second ground
The case was called for trial at the January term, 1920, of the circuit court, and the plaintiff declining to introduce any evidence, it was considered by the court that the “plaintiff should take nothing by his writ, and that the defendant should go thereof without day.”
The plaintiff applied for and secured a writ of error and supersedeas from one of the judges of this court.
In the state of the record, and the situation cannot be rectified by any present action on the part of this or the trial court, nothing remains save to affirm the judgment complained of, which is accordingly done.
Affirmed.