Legal Opinion · Dissent

Queen Insurance Co. of America v. Perkinson

Supreme Court of Virginia

Decided January 20, 1921Published

Error to a judgment of the Circuit Court of the city of Danville in an action of assumpsit. Judgment for plaintiff. Defendant assigns error.

1DissentSims, J.

As I understand the testimony in this case, it shows clearly that the two police officers of the city of Danville, who set the fire in question, did this for the purpose of capturing, dead or alive, the fugitive from justice, who was resisting arrest, had just a few minutes before killed one of the officers attempting his arrest and seriously wounded others, and was even then firing at every opportunity with murderous intent upon all who approached him; that they would have set the fire as they did if there had been no assembly of people whatsoever, but only the other officers outside of the…

2Cases cited5 opinions

  1. Richmond & Danville Railroad v. MedleySupreme Court of Virginia · 1881
  2. Luckett-Wake Tobacco Co. v. Globe & Rutgers Fire Ins.U.S. Circuit Court for the District of Western Kentucky · 1908
  3. Lycoming Fire Insurance v. SchwenkSupreme Court of Pennsylvania · 1880
  4. Blakeman v. City of WichitaSupreme Court of Kansas · 1914
  5. State v. BrownIndiana Supreme Court · 1879

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