Petticolas v. City of Richmond
Supreme Court of Virginia
Error to a judgment of the Law and Equity Court of the city of Richmond, rendered June 22, 1895, in an action of trespass on the case, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant.
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Error to a judgment of the Law and Equity Court of the city of Richmond, rendered June 22, 1895, in an action of trespass on the case, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. The plaintiff was the owner of a lot abutting on Eighth street, in the city of Richmond, which was damaged by the caving in or cracking of the land in consequence of insufficiently supporting a tunnel constructed under said street by the Richmond & Chesapeake Railroad Company. The declaration alleged the digging of the tunnel under the street under the authority of…
1Opinion of the CourtBuchanan, J.
The only question to be decided on this writ of error is whether the plea filed by the defendant that the plaintiff had theretofore recovered a judgment against a co-trespasser for the same trespass or cause of action was sufficient, without avering that the judgment had been satisfied.
It is impossible to hold that such an averment was necessary without, overruling the case of Wilkes v. Jackson, 2 Hen. & Munf. 355, and disregarding the common law doctrine upon the subject as understood in England as well as in this State.
It is insisted that the decision in Wilkes v. Jackson is in conflict…
2Cited by8 opinions
- McLaughlin v. SiegelSupreme Court of Virginia · 1936
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- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Fitzgerald v. CampbellSupreme Court of Virginia · 1921
- First & Merchants National Bank v. Bank of WaverlySupreme Court of Virginia · 1938
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