Chesapeake & Ohio Railway Co. v. Ware
Supreme Court of Virginia
Error to a judgment of the Circuit Court of the city of Williamsburg and county of James City, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error.
1Opinion of the CourtSlMS, J.
1. In regard to the position taken by the demurrer, mentioned in the above statement, that the declaration was insufficient in its charges of negligence in the respective counts thereof, the following is deemed sufficient to.say:
Since, under the Featherston act (Acts 1908, p. 388), it was not necessary for the plaintiff to have alleged that' the fire was negligently set out by the defendant (N. & W. Ry. Co. y. Spates, 94 S. E. 195), the allegations of such negligence drawn in question by the demurrer may be regarded as surplusage. Therefore, it is unnecessary for us to inquire whether such…
2Cases cited6 opinions
- Hinshaw v. StateIndiana Supreme Court · 1897
- Chesapeake & Ohio Railway Co. v. HeathSupreme Court of Virginia · 1904
- Norfolk & Western Railway Co. v. Cromer's AdministratrixSupreme Court of Virginia · 1901
- Chesapeake & Ohio Railway Co. v. MaySupreme Court of Virginia · 1917
- Norfolk & Western Railway Co. v. SpatesSupreme Court of Virginia · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Alvey v. ButchkavitzSupreme Court of Virginia · 1954
- Norfolk & Western Railway Co. v. Richmond Cedar WorksSupreme Court of Virginia · 1933
- E. K. Wood Lumber Co. v. AndersenCourt of Appeals for the Ninth Circuit · 1936
- Abernathy v. Emporia Manufacturing Co.Supreme Court of Virginia · 1918
- Barry v. TylerSupreme Court of Virginia · 1938
16 more not listed; retrieve them via the Exa API.