James River & Kanawha Co. v. Early
Supreme Court of Virginia
In January 1820 the principal engineer of the Board of public works of Virginia made a report to the board upon a mode of improving the navigation of the James and Kanawha rivers. As to the Kanawha river commencing at the Great falls, which is ninety-four miles from its mouth, the engineer reports upon each mile separately, stating the then condition of the river, and the mode and estimated cost of improving the navigation.
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In January 1820 the principal engineer of the Board of public works of Virginia made a report to the board upon a mode of improving the navigation of the James and Kanawha rivers. As to the Kanawha river commencing at the Great falls, which is ninety-four miles from its mouth, the engineer reports upon each mile separately, stating the then condition of the river, and the mode and estimated cost of improving the navigation. From this report it appears that in parts of the river the navigation was good, and nothing was necessary to be done. Thus the third mile is stated to be excellent…
1Opinion of the CourtLee, J.
I concur with the counsel in thinking that the most important and material question in this cause arises upon the demurrer to the declaration: and that is whether taking the declaration in its broadest sense and strongest import, and disregarding all matters of form and all technical defects and omissions which might be remedied or supplied, such a case is alleged as entitles the plaintiff in the action to *546recover against the defendant for the injury alleged to have been sustained.
The declaration (as amended) consists of three counts. The first alleges that the defendant being a body…
2Cases cited1 opinion
- Chesnut Hill & Spring House Turnpike Co. v. RutterSupreme Court of Pennsylvania · 1818
3Cited by4 opinions
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
- Tompkins v. Kanawha BoardWest Virginia Supreme Court · 1881
- Tompkins v. Kanawha BoardWest Virginia Supreme Court · 1882
- Slaughter v. CommonwealthSupreme Court of Virginia · 1856