Legal Opinion

McGehee v. Tidewater Railway Co.

Supreme Court of Virginia

Decided September 10, 1908PublishedCited by 9 opinions

Error to a judgment of the Corporation Court of Roanoke city in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error.

1Opinion of the CourtWhittle, J.

The facts in this case are undisputed. At the time of the commission of the grievance complained of, the plaintiff in error (the plaintiff below) was carrying on the business of a florist in the city of Roanoke. On the rear side of the lot on which the business was conducted, there is a depression along which the surface water, which gathers from the surrounding water shed, was accustomed to flow into another depression running from west to east and emptying into Roanoke river. Although storm water habitually flowed along this swale, the bottom was covered with sod and was not abraded. The…

2Cases cited4 opinions

  1. Swift & Co. v. City of Newport NewsSupreme Court of Virginia · 1906
  2. Norfolk & Western R. v. CarterSupreme Court of Virginia · 1895
  3. Little Rock & Fort Smith Railway Co. v. ChapmanSupreme Court of Arkansas · 1882
  4. Tidewater Railway Co. v. ShartzerSupreme Court of Virginia · 1907

3Cited by9 opinions

  1. Howlett v. City of South NorfolkSupreme Court of Virginia · 1952
  2. Third Buckingham Community, Inc. v. AndersonSupreme Court of Virginia · 1941
  3. Mason v. LambSupreme Court of Virginia · 1949
  4. Raleigh Court Corp. v. FaucettSupreme Court of Virginia · 1924
  5. Mullins v. GreerSupreme Court of Virginia · 1984

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