Noland Co. v. Nelson-Roanoke Corp.

This is a controversy between the owner of a well drilling rig (Noland) and a well driller (Nelson-Roanoke) regarding which *267bore the risk of the rig’s loss when fire destroyed it on Nelson-Roanoke’s job. We must decide whether Noland produced sufficient evidence to create an issue of fact upon the question of whether Nelson-Roanoke had assumed that risk of loss.

The trial court sustained Nelson-Roanoke’s motion to strike Noland’s evidence. Accordingly, we consider the evidence in the light most favorable to Noland. See Page v. Arnold, 227 Va. 74, 76, 314 S.E.2d 57, 58 (1984). Considered in…