Legal Opinion

Chesapeake & Ohio Railway Co. v. Heath

Supreme Court of Virginia

Decided September 29, 1904PublishedCited by 46 opinions

Error to a judgment of the Circuit Court of Albemarle county in an action of trespass on the case wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant.

1Opinion of the CourtHarrison, J.

The defendant in error, Thomas S. Heath, instituted this action to recover of the plaintiff in error damages for the alleged negligent burning of his flour mill, while operating and running certain engines and cars on its right of way through the town of Scottsville.

The mill was found to be on fire about ten o’clock on the night of Hovember 8, 1901. It had been closed that evening at six o’clock. Between the hours of 4:30 P. M. of that afternoon and Y :50 P. M., several trains passed the mill, the last arriving at Y :30, and leaving at Y :50 P. M. The mill in question was situated in the town…

2Cases cited5 opinions

  1. Norfolk & Western Railway Co. v. Cromer's AdministratrixSupreme Court of Virginia · 1901
  2. Chesapeake & Ohio Railway Co. v. Sparrow's Admr.Supreme Court of Virginia · 1900
  3. Norfolk & Western Railway Co. v. Poole's Adm'rSupreme Court of Virginia · 1902
  4. Southern Railway Co. v. Hall's AdministratorSupreme Court of Virginia · 1903
  5. Northington v. Norfolk Railway & Light Co.Supreme Court of Virginia · 1904

3Cited by46 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. HempflingSupreme Court of Arkansas · 1913
  2. Burk v. Huntington Development & Gas Co.West Virginia Supreme Court · 1950
  3. Arnold v. WoodSupreme Court of Virginia · 1939
  4. Virginia Iron, Coal & Coke Co. v. KiserSupreme Court of Virginia · 1906
  5. Christian v. BulbeckSupreme Court of Virginia · 1916

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