Richmond & Danville Railroad v. Medley
Supreme Court of Virginia
TMs was an action on the case in the circuit court of • Halifax county, brought by James Medley against the Richmond and Danville Railroad Company, to recover for damages done to certain buildings and timber of the plaintiff done by fire, which it was alleged escaped from an engine of the company in its passage through the lands of the plaintiff.
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TMs was an action on the case in the circuit court of • Halifax county, brought by James Medley against the Richmond and Danville Railroad Company, to recover for damages done to certain buildings and timber of the plaintiff done by fire, which it was alleged escaped from an engine of the company in its passage through the lands of the plaintiff. On the trial, after all the evidence had been introduced, the court, on the motion of the defendant, gave an instruction to the jury, which was not excepted to by the plaintiff. (See the instruction infra.) And after this instruction was given, on…
1Opinion of the CourtStaples, J.
*502Upon the trial of this cause in the court below the defendant, after the conclusion of the evidence, asked for an instruction, which was given by the court. The jury, notwithstanding the instruction, found a verdict for the plaintiff. The defendant submitted a motion for a new trial, which was overruled, and an exception taken. The point relied upon by the defendant is, that the finding of the jury is in direct contravention of the ruling of the court, to which no exception was taken by the adverse party. It will be only necessary to give so much of the instruction here as is sufficient to…
2Cases cited4 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Snyder v. P., C. & St. L. Railway Co.West Virginia Supreme Court · 1877
- Blair & Hoge v. WilsonSupreme Court of Virginia · 1877
- Carrington v. Ficklin's ex'orSupreme Court of Virginia · 1880
3Cited by36 opinions
- Kimball & Fink v. Friend's Adm' rSupreme Court of Virginia · 1897
- Etheridge v. Norfolk Southern RailroadSupreme Court of Virginia · 1925
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Knott v. RailroadSupreme Court of North Carolina · 1906
- New York, Philadelphia & Norfolk Railroad v. ThomasSupreme Court of Virginia · 1896
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