Legal Opinion

Fairview Fruit Co. v. H. P. Brydon & Brother

West Virginia Supreme Court

Decided February 17, 1920PublishedCited by 11 opinions

Error to Circuit Court, Mineral County. Action by tbe Fairview Fruit Company against H. P. Brydon and Richard Brydon, partners, doing business as H. P. Brydon & Bro. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Williams, Peesideht :

This action is brought by the Fairview Fruit Co., a corporation, against H. P. Brydon and Richard Brydon, partners, doing business as BE. P. Brydon & Bro., to recover damages for the destruction of its young growing apple trees by the alleged negligence of defendants in permitting sparks to escape from their “dinkey” engine, which was used in hauling-coal from their coal mine on plaintiff’s land across the surface thereof to the tipple, thereby setting fire to the dry grass and other combustible materials in its orchard and killing the apple trees, and for damages caused…

2Cases cited15 opinions

  1. State v. MusgraveWest Virginia Supreme Court · 1897
  2. Atchison, Topeka & Santa Fe Railway Co. v. GeiserSupreme Court of Kansas · 1904
  3. Bowen v. City of HuntingtonWest Virginia Supreme Court · 1891
  4. Missouri, Kansas & Texas Railway Co. v. LycanSupreme Court of Kansas · 1897
  5. Mitchell v. BillingsleySupreme Court of Alabama · 1850

10 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Long v. City of WeirtonWest Virginia Supreme Court · 1975
  2. State v. LewisWest Virginia Supreme Court · 1949
  3. Parker v. Knowlton Construction Company, Inc.West Virginia Supreme Court · 1975
  4. Lawrence v. NelsonWest Virginia Supreme Court · 1960
  5. Wernberg v. Matanuska Electric AssociationAlaska Supreme Court · 1972

6 more not listed; retrieve them via the Exa API.

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