State v. Dry Fork Railroad

BRANNON, President :

The Dry Fork Railroad Company having been convicted in the circuit court of Randolph County by the verdict of a jury ,of obstructing a public highway by maintaining a bad crossing where the railroad crossed the public highway, has brought this writ of error.

The indictment is not bad for omitting to aver that the defendant is a corporation. It is very well settled in the Virginias, and generally elsewhere, that in civil cases it is not necessary to aver in a declaration that a party is a corporation, or to show how it became such by pleading its charter. Reese v.…