Adams Express Co. v. Allen
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Lee county-in a proceeding by motion for a judgment for damages. Judgment for plaintiff. Defendant assigns error.
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Error to a judgment of the Circuit Court of Lee county-in a proceeding by motion for a judgment for damages. Judgment for plaintiff. Defendant assigns error. This is an action at law by notice of motion instituted in ,the court below by the defendant in error against the plaintiff in error to recover $1,500 damages for the loss of fifty-two hogs by death from hog cholera alleged to have resulted from the deprivation of the plaintiff of the use of certain hog-cholera serum as a preventive treatment of the hogs for that disease by reason of the unreasonable delay in the thansportation of such…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The assignments of error by the defendant raise but three questions for our consideration, which we will pass upon in their order as stated below.
[1] 1. Will it be considered that the defendant, at the time of its acceptance of the hog-cholera serum for transportation to the plaintiff, knew of the purpose for which the plaintiff had ordered the serum, namely, for use by him as a preventive treatment of his hogs for the disease of hog cholera, merely from the information given defendant at the time by…
2Cases cited27 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Chapman v. . FargoNew York Court of Appeals · 1918
- Weston v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1906
- Williams v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Pacific Express Co. v. Darnell Bros.Texas Supreme Court · 1884
22 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Chesapeake & Ohio Railway Co. v. OsborneSupreme Court of Virginia · 1930