N. & W. R. R. v. Bohannon
Supreme Court of Virginia
Error- to judgment of circuit court of Pulaski county, rendered March 26th, 1888, in an action of trespass on the case for damages for negligently destroying fruit trees by the defendant, wherein R. D. Bohannon and Ellen J., his wife, were plaintiffs, and the Norfolk & Western Railroad Company was defendant-At the trial defendant filed exceptions to the circuit court’s rulings in refusing and in giving instructions, and in overruling its demurrer to the evidence and its…
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Error- to judgment of circuit court of Pulaski county, rendered March 26th, 1888, in an action of trespass on the case for damages for negligently destroying fruit trees by the defendant, wherein R. D. Bohannon and Ellen J., his wife, were plaintiffs, and the Norfolk & Western Railroad Company was defendant-At the trial defendant filed exceptions to the circuit court’s rulings in refusing and in giving instructions, and in overruling its demurrer to the evidence and its motion to set aside the verdict and award a new trial. Verdict and judgment for plaintiffs for $810. Defendant has the case…
1Opinion of the CourtHinton, J.
This is an action of tort to recover damages for a loss of property produced by fire communicated hy passing trains.
The declaration contains two counts. The first charges a loss occasioned by negligence in the management of a locomotive and the fire and igneous matter therein, whereby sparks of fire, etc., were cast from the engine upon plaintiffs’ premises, and their trees, fences, etc., were burned.
The second count charges loss from a fire caused by the company’s negligence in permitting combustible matter to accumulate on the right of way, which took fire and communicated it to the…
2Cases cited1 opinion
- Creekmur v. CreekmurSupreme Court of Virginia · 1881
3Cited by15 opinions
- Jeffress v. Virginia Railway & Power Co.Supreme Court of Virginia · 1920
- Samson Construction Co. v. BrusowankinCourt of Appeals of Maryland · 1969
- Gilman v. BrownWisconsin Supreme Court · 1902
- Louisville & Nashville R. R. v. BeelerCourt of Appeals of Kentucky · 1907
- Abrams v. Seattle & Montana Railway Co.Washington Supreme Court · 1902
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