Michie v. Cochran
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Albemarle county, pronounced June 28, 1895, in a suit in chancery wherein the appellants were the complainants, and the appellees were the defendants.
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Appeal from a decree of the Circuit Court of Albemarle county, pronounced June 28, 1895, in a suit in chancery wherein the appellants were the complainants, and the appellees were the defendants. In April, 1890, complainants filed their bill against the defendants setting out a contract which had been made in 1856 between William T. Early and J. Augustus Michie of the one part, and John Cochran of the other part, by which Cochran had contracted to make and keep open a ditch eight feet wide and two feet deep through certain lands of Cochran to the boundary line of Early and Michie so as to…
1Opinion of the CourtBiely, J.
Two questions only are presented on this appeal:
First, Did the court err in refusing to set aside the verdict of the jury on the ground that it was contrary to the law and the evidence? And second, Did it err in its instruction to the jury?
All the evidence in the case has been carefully examined and considered. It establishes that the land of the appellants is much injured, and that the injury is caused by a want of proper drainage.
But upon the further question, whether the insufficient drainage is the result of the failure to maintain a ditch eight feet wide and two feet deep below the…
2Cases cited7 opinions
- Hopkins, Brother & Co. v. RichardsonSupreme Court of Virginia · 1852
- Honesty v. CommonwealthSupreme Court of Virginia · 1886
- Borland v. BarrettSupreme Court of Virginia · 1882
- Norfolk & Western R. R. v. NeelySupreme Court of Virginia · 1895
- Rea's adm'x v. Trotter & Bro.Supreme Court of Virginia · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Washington Southern Railway Co. v. LaceySupreme Court of Virginia · 1897
- Kimball & Fink v. BordenSupreme Court of Virginia · 1897
- Carpenter & Co. v. Virginia-Carolina Chemical Co.Supreme Court of Virginia · 1900
- Reusens v. LawsonSupreme Court of Virginia · 1898
- Foster v. BrennanWest Virginia Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.