Walker v. Norfolk & Western Railway Co.

Miller, Judge:

In the court below plaintiff recovered a judgment for $1397.48, 'the value, as found by the jury, of one centrifugal pump, ten feet of rubber hose, and one hoisting engine, which he claimed had been tortiously taken from him by defendant, and used and appropriated to its use, without his knowledge or consent.

Waiving the tort plaintiff brought his action in assumpsit on the common counts, in one count thereof alleging the defendant to be indebted to him “in the like sum for the price of *274goods, chattels and effects, consisting of one hoisting engine complete, one pump and…