Chesapeake & Ohio Railway Co. v. Baylor
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Albemarle county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error.
1Opinion of the CourtWhittle, J.
This writ of error brings under review the judgment of the Circuit Court of Albemarle county in an action for injury to standing timber on a tract of mountain land, the property of the defendant in error, from fire set out by the plaintiff in error’s locomotive.
The single question pressed upon us in argument was the giving of instruction Ho. 1, and, incidentally, the alleged effect of that ruling on the measure of damages.
The plaintiff was sui juris, and the timber in question had a present market value.
The instruction was as follows: “The court instructs the jury that if they find for the…
2Cases cited2 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Lee v. Elliott & Co.Supreme Court of Virginia · 1912
3Cited by3 opinions
- Norfolk & Western Railway Co. v. Richmond Cedar WorksSupreme Court of Virginia · 1933
- Honaker Lumber Co. v. KiserSupreme Court of Virginia · 1922
- Kostal v. DavisAmherst County Circuit Court · 2003