O. A. & M. R. R. v. Miles
Supreme Court of Virginia
‘ Error to judgment of circuit court of Nelson county, in action of trespass on the case hy William Porclier Miles against the Orange, Alexandria and Manassas Railroad Company for killing, hy means of its trains, a jackass, a hull, a cow, and a horse. There is no evidence adduced of the negligence or misconduct of the defendant’s agents in killing the jack, the bull or the cow.
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‘ Error to judgment of circuit court of Nelson county, in action of trespass on the case hy William Porclier Miles against the Orange, Alexandria and Manassas Railroad Company for killing, hy means of its trains, a jackass, a hull, a cow, and a horse. There is no evidence adduced of the negligence or misconduct of the defendant’s agents in killing the jack, the bull or the cow. But as to the killing of. the horse, the evidence was that where the horse was struck, the track is straight for a mile or more; the grade south is up pretty-heavy; by measurement the animals were apparently 420 yards…
1Opinion of the CourtLewis, J.
This is an action of trespass on the case, brought in the circuit court of Nelson county by the defendant in error against the plaintiff in error, a railroad corporation, to recover damages for the killing, at various times, of certain stock belonging to the former by the trains of the latter.
The declaration, as amended, contains four counts. In the first and second it is alleged that the animals were killed on the tract of the defendant by reason of the careless and improper management of the trains on the part of its agents. In the third and fourth there is no allegation that the killing…
2Cited by9 opinions
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- Whitehead v. SyndicateSupreme Court of Virginia · 1910
- Martin v. Chicago, Burlington & Quincy Railway Co.Wyoming Supreme Court · 1907
- Lavell v. Gold's Adm'rSupreme Court of Virginia · 1874
- Lavell v. Gold's Adm'rSupreme Court of Virginia · 1874
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