Legal Opinion

New York, Philadelphia & Norfolk Railroad v. Thomas

Supreme Court of Virginia

Decided February 20, 1896PublishedCited by 33 opinions

Error to a judgment of the Circuit Court of Northampton county, rendered October 20, 1893, in an action of trespass on the case, wherein the defendants in error were the plaintiffs, and the plaintiff in error was the defendant.

1Opinion of the CourtRiely, J.

The first assignment of error relates to the refusal of the court to give instructions numbered 1 and 2, in the form they were asked for by the plaintiff in error, and in giving them with certain amendments.

The instructions as asked for were as follows:

“ 1. If the jury believe from the evidence that the woods on the land of the plaintiffs adjoining the railway were ignited by particles of fire that issued from the defendant’s engine, and by means thereof the shatters, woods manure, and down timber on said land were consumed, and the growing trees *608thereon injured, and stumps and butts of trees…

2Cases cited8 opinions

  1. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  2. Hopkins, Brother & Co. v. RichardsonSupreme Court of Virginia · 1852
  3. Farish & Co. v. ReigleSupreme Court of Virginia · 1854
  4. Honesty v. CommonwealthSupreme Court of Virginia · 1886
  5. Brighthope Railway Co. v. RogersSupreme Court of Virginia · 1881

3 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Washington Southern Railway Co. v. LaceySupreme Court of Virginia · 1897
  2. Oliver v. CommonwealthSupreme Court of Virginia · 1928
  3. Norfolk & Western Railway Co. v. Cromer's AdministratrixSupreme Court of Virginia · 1901
  4. Clinchfield Coal Corp. v. ComptonSupreme Court of Virginia · 1927
  5. Terry v. CommonwealthCourt of Appeals of Virginia · 1987

28 more not listed; retrieve them via the Exa API.

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