Kimball & Fink v. Borden
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Warren county rendered May 19, 1896, in an action of trespass on the case wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants. This was an action of trespass on the case to recover damages for the destruction of certain property of the plaintiff hy fire alleged to have been caused by the negligence of defendants’ agents and employes.
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Error to a judgment of the Circuit Court of Warren county rendered May 19, 1896, in an action of trespass on the case wherein the defendant in error was the plaintiff, and the plaintiffs in error were the defendants. This was an action of trespass on the case to recover damages for the destruction of certain property of the plaintiff hy fire alleged to have been caused by the negligence of defendants’ agents and employes. The declaration was in the following words and figures: “B. E. Borden complains of E. J. Kimball and Henry Eink, receivers of the Norfolk and Western Railroad Company of a…
1Opinion of the CourtBuchanan, J.
This is a writ of error to a judgment rendered in favor of the defendant in error against Kimball & Fink, Receivers of the Norfolk & Western Railroad Company, for the negligent destruction of his property by fire.
The first error assigned is to the action of the court in giving plaintiff’s instruction No. 1, on the ground that there was no evidence upon which to base it.
This instruction is plainly predicated upon the hypothesis (though some effort is made in argument to put a different construction upon it), that combustible material outside of the plaintiff’s premises was first set on fire,…
2Cases cited13 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Norfolk & Western R. v. AmpeySupreme Court of Virginia · 1896
- Richmond Railway & Electric Co. v. GarthrightSupreme Court of Virginia · 1896
- Seaboard & Roanoke Railroad v. Joyner's Adm'rSupreme Court of Virginia · 1895
- New York, Philadelphia & Norfolk Railroad v. ThomasSupreme Court of Virginia · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Lavinder v. CommonwealthCourt of Appeals of Virginia · 1991
- Jackson v. Chesapeake & Ohio Ry. Co.Supreme Court of Virginia · 1942
- Clohessy v. WeilerSupreme Court of Virginia · 1995
- Spence v. MillerSupreme Court of Virginia · 1955
- Clark v. Oregon Short Line R. R.Montana Supreme Court · 1909
21 more not listed; retrieve them via the Exa API.