Wilson Bros. v. Bush
West Virginia Supreme Court
Error to Circuit Court, Bandolpb County. Action by Mark S. Wilson and another, partners under the firm name of Wilson Bros., against B. F. Bush, receiver. Judgment for plaintiffs, and defendant brings error.
1Opinion of the Court
POFEENBARGER, JUDGE:
Wilson Bros, recovered a judgment for $935.00 against B. F. Bush, Receiver of the Western Maryland Railroad Company, as the value of certain lumber destroyed by fire, occasioned by alleged negligence of the defendant.
The refusal of the court to give defendant’s instruction No. 2, placing upon the plaintiffs the burden of proving failure of the defendant to use ordinary care and prudence in selection of spark arresters for the engines from which the fire originated and in operating said engines and keeping the spark arresters in repair, is assigned as error. This…
2Cases cited15 opinions
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Snyder v. P., C. & St. L. Railway Co.West Virginia Supreme Court · 1877
- Chicago & Alton Railroad v. PennellIllinois Supreme Court · 1880
- Clisby v. Mobile & Ohio RailroadMississippi Supreme Court · 1901
- Illinois Central Railroad v. BaileyIllinois Supreme Court · 1906
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3Cited by9 opinions
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- The Royal Insurance Co v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1927
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