Legal Opinion

Jacobs v. Baltimore & Ohio Railroad

West Virginia Supreme Court

Decided February 7, 1911PublishedCited by 10 opinions

Error to Circuit Court, Jefferson County. Action by Mary E. Jacobs, for use, etc., against the Baltimore & Ohio Eailroad Company. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

BraNNON, Judge:

A dwelling house belonging to Mary E. Jacobs near Duffields Station near the tracks of the Baltimore & Ohio Eailroad was destroyed by fire, and she brought an action against the Baltimore & Ohio Eailroad Company to recover damages for its destruction, claiming that the fire originated from sparks emitted from a locomotive of that company. The defendant' entered a *619demurrer to the evidence, and upon that demurrer the circuit court of Jefferson county rendered a judgment for the defendant, and Mary E. Jacobs appeáls.

Two important questions arise in this case. First, Did the fire…

2Cases cited1 opinion

  1. Kimball & Fink v. BordenSupreme Court of Virginia · 1897

3Cited by10 opinions

  1. Laurent v. United Fuel Gas Co.West Virginia Supreme Court · 1926
  2. Keyser Canning Co. v. Klots Throwing Co.West Virginia Supreme Court · 1923
  3. Helm v. Manufacturers Light & Heat Co.West Virginia Supreme Court · 1920
  4. Wilson Bros. v. BushWest Virginia Supreme Court · 1911
  5. McLaughlin v. B. & O. R. R.West Virginia Supreme Court · 1914

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