Kimball & Fink v. Borden
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Warren county, rendered March 4, 1898, in an action of trespass on the case wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants.
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Error to a judgment of the Circuit Court of Warren county, rendered March 4, 1898, in an action of trespass on the case wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants. This ease has heretofore been before this court, and the opinion then rendered is reported in 95 Va., at page 203. It is an action to recover damages for burning plaintiff’s cooper’s shop and warehouse and their contents and stock of lumber on his yard, alleged to have been destroyed by the negligence of defendants’ agents. The property destroyed was situated on land of the…
1Opinion of the CourtBuchanan, J.
The first error assigned is to the action of the court in permitting testimony to go to the jury showing that sparks were ■emitted from an engine or engines of the defendants to prove a negligent habit of their employees or agents, and a defective .construction of the engines in use, without showing that such £parks set fire to property along the line of the railroad. This .assignment of error, even if the law be as contended for by the defendants, could not be sustained. It is based upon a mistake of fact. The record clearly shows that the witness, whose testimony was objected to, testified…
2Cases cited3 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Brighthope Railway Co. v. RogersSupreme Court of Virginia · 1881
- Richmond & Danville Railroad v. MedleySupreme Court of Virginia · 1881
3Cited by9 opinions
- State v. LongWest Virginia Supreme Court · 1921
- Good v. DyerSupreme Court of Virginia · 1923
- Miller & Meyers v. City of Newport NewsSupreme Court of Virginia · 1903
- Rinker's Administrator v. SimpsonSupreme Court of Virginia · 1932
- Norfolk & Western Railway Co. v. ThomasSupreme Court of Virginia · 1910
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