American Locomotive Co. v. Hoffman
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Henrico county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error.
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Error to a judgment of the Circuit Court of Henrico county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The following instructions given at the instance of the plaintiff, are referred to in the opinion of the court: “Ho. 2. The court instructs the jury, that the degree of care and foresight which the defendants should have used in building their fence and water-gate and constructing their culverts was in proportion to the nature and magnitude of the injury which would likely have resulted from the water being backed upon the plaintiff’s property,…
1Opinion of the CourtBuchanan, J.
This is the second time this case has been in this court. The case upon the former writ of error is reported under the same style in 105 Va. 343-354, 54 S. E. 25, 6 L. R. A. (N. S.) 252. No further statement of the case is necessary beyond what is there found, except as to the proceedings had since then.
After the cause was remanded for a new trial, the plaintiff amended his declaration by adding eight counts, and by striking out the second and sixth counts of the declaration as it was upon the former trial. The object of the new counts was to recover damages for injuries alleged to have been…
2Cases cited6 opinions
- Virginia Hot Springs Co. v. McCraySupreme Court of Virginia · 1907
- Warren v. WarrenSupreme Court of Virginia · 1896
- Chesapeake & Ohio Railway Co. v. MosbySupreme Court of Virginia · 1896
- American Locomotive Co. v. HoffmanSupreme Court of Virginia · 1906
- Brown v. DeanMassachusetts Supreme Judicial Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Nailor v. C. W. Blakeslee & Sons, Inc.Supreme Court of Connecticut · 1933
- Norfolk & Western Railway Co. v. AllenSupreme Court of Virginia · 1915
- Atlantic Coast Line Railroad v. Southern Oil & Feed Mills, Inc.Supreme Court of Virginia · 1921
- Carolina, Clinchfield & Ohio Railroad v. MullinsSupreme Court of Virginia · 1966