Legal Opinion

Norfolk & Carolina Railroad v. Suffolk Lumber Co.

Supreme Court of Virginia

Decided January 9, 1896PublishedCited by 11 opinions

Error to a judgment of the Corporation Court of the city of Norfolk, rendered July 22, 1892, in an action of covenant, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action to recover damages for breach of covenant.

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Error to a judgment of the Corporation Court of the city of Norfolk, rendered July 22, 1892, in an action of covenant, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action to recover damages for breach of covenant. During the progress of the trial the defendant tendered eleven pleas to each count of the declaration, the rulings upon which by the trial court are noticed in the opinion of this court. ■ The second, third, fifth, and eleventh of these pleas to the first count—those to the second count being substantially the same—are…

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

This is an action of covenant brought in the Corporation Court of the city of Norfolk, by the Suffolk Lumber Company against the Norfolk and Carolina Railroad Company, to recover damages for a breach of a certain covenant entered into between them on the 1st day of August, 1889. It seems that the plaintiff owned and operated a narrow-guage railroad from a point in the State of North Carolina to the city of Norfolk, and the defendant company, desiring to construct a line of railway which was to cross the line of the plaintiff at three points, the…

2Cases cited2 opinions

  1. Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
  2. Va. & Tenn. R. R. v. SayersSupreme Court of Virginia · 1875

3Cited by11 opinions

  1. Davis v. SouderSupreme Court of Virginia · 1922
  2. Blue Ridge Light & Power Co. v. PriceSupreme Court of Virginia · 1908
  3. County Court of Brooke County v. United States Fidelity & Guaranty Co.West Virginia Supreme Court · 1924
  4. Arnold v. ColeWest Virginia Supreme Court · 1896
  5. Jordan v. CommonwealthSupreme Court of Virginia · 1874

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