Melendy & Russell v. Barbour
Supreme Court of Virginia
Appeal from decree of circuit court of Alexandria city, entered May 28th, 1880, on a petition filed in the chancery cause of Graham v. Washington Qity, Virginia Midland and Great Southern Railroad and others, wherein said railroad had been placed under the management of John S. Barbour as receiver. The petition was filed by A. B. Melendy and T. J. Bussell.
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Appeal from decree of circuit court of Alexandria city, entered May 28th, 1880, on a petition filed in the chancery cause of Graham v. Washington Qity, Virginia Midland and Great Southern Railroad and others, wherein said railroad had been placed under the management of John S. Barbour as receiver. The petition was filed by A. B. Melendy and T. J. Bussell. Its object was to recover damages-for the killing of their race horse, “ Bristow,” which they valued at $50,000, by the negligence of the receiver’s agents- and employees. The circuit court refused to allow petitioners to sue the receiver…
1Opinion of the CourtRichardson, J.
The object of the proceeding, now under consideration, in. the court below was to recover the value of a race-horse, “ Bristow,” killed on said railroad on the 13th day of October, 1877, while in course of transportation from Lynch-burg to Culpeper. The horse was the joint property of the appellants, Melendy and Russell. To recover his value they filed their petition in the above-styled cause, in which the said road had been previously put in the hands and under the management of John S. Barbour, as receiver; and describing their said horse as a celebrated race-horse, of rare beauty of…
2Cases cited4 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Kinney v. CrockerWisconsin Supreme Court · 1864
- Allen v. Central RailroadSupreme Court of Iowa · 1876
3Cited by8 opinions
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
- Reed v. Axtell & MyersSupreme Court of Virginia · 1887
- De Forrest v. CoffeyCalifornia Supreme Court · 1908
- Chesapeake & Ohio Railway Co. v. OsborneSupreme Court of Virginia · 1930
- Whyel v. Jane Lew Coal & Coke Co.West Virginia Supreme Court · 1910
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