Richmond & Danville R. R. v. Noell
Supreme Court of Virginia
Error to judgment of hustings court of city of Danville, rendered at its April term, 1888, in an action of trespass on the case for the killing of stock, wherein J. E. hToell and Thomas Starling, partners as Eoell & Starling, were plaintiffs, and the Eichmond & Danville railroad company was defendant. At the trial the court gave an instruction to which the defendant excepted.
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Error to judgment of hustings court of city of Danville, rendered at its April term, 1888, in an action of trespass on the case for the killing of stock, wherein J. E. hToell and Thomas Starling, partners as Eoell & Starling, were plaintiffs, and the Eichmond & Danville railroad company was defendant. At the trial the court gave an instruction to which the defendant excepted. The verdict and-judgment were for the plaintiffs for $1,260 00. The defendants obtained a writ of error and supersedeas.
1Opinion of the Court
Lacy, J.,
delivered the ojmiion of the court.
On the night of December 25th, 1887, the mules -and horse in question were unloaded at the depot of the plaintiff in error, known as the “Virginia Midland railroad depot,” along with others (forty-two in all) on the north side of the Dan river, the city of Danville and the depot of the Richmond & Danville railroad being'on the south side of the said river. There were no cattle-pens at this depot, but the stock was all safely unloaded without accident. The defendants in error were not able, however, or did not succeed in getting a bridle on one of…
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