Emmerson v. Fay
Supreme Court of Virginia
Error to a judgment of the Hustings Court of the city of Portsmouth, rendered July 31, 1894, in an action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant.
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Error to a judgment of the Hustings Court of the city of Portsmouth, rendered July 31, 1894, in an action of trespass on the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. After the evidence, which is set out in the opinion of the court, had been introduced, the plaintiff in the court below asked the court to instruct the jury as follows: “ If the jury believe from the evidence that the defendant was in possession of the land in the declaration mentioned, and constructing the building on the east side of Crawford or First street, and that…
1Opinion of the Court
Harrison,. J.
delivered the opinion of the court.
From the evidence set out in the record it appears that the plaintiff was injured by an iron ball falling from the roof of a lumber dry kiln being erected on a lot adjoining the street along which she was walking.
The material and uncontradicted facts are that "W. B. Uollona, a contractor and builder, made an agreement with the defendant, John C. Emmerson, the owner of the property, to do the wood work on the dry kilns. The defendant was to furnish the materials, and the contractor was to employ the labor, superintend the same, and erect the…
2Cases cited1 opinion
- Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
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- MacCoy v. Colony House Builders, Inc.Supreme Court of Virginia · 1990
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