Bernard v. R., F. & P. Railroad
Supreme Court of Virginia
Error to judgment of circuit court of Fredericksburg, rendered at its November term, 1886, in an action at law wherein A. H. H. Bernard was plaintiff, and the Richmond, Fredericksburg and Potomac Railroad Company was defendant. The verdict being for the defendant, plaintiff moved' to set it aside as against the law and the evidence. This motion being overruled, the plaintiff excepted; and the evidence being certified, the plaintiff brought the case here by writ of error.
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Error to judgment of circuit court of Fredericksburg, rendered at its November term, 1886, in an action at law wherein A. H. H. Bernard was plaintiff, and the Richmond, Fredericksburg and Potomac Railroad Company was defendant. The verdict being for the defendant, plaintiff moved' to set it aside as against the law and the evidence. This motion being overruled, the plaintiff excepted; and the evidence being certified, the plaintiff brought the case here by writ of error. Opinion states the case.
1Opinion of the Court
Fauntleroy, J.,
deliveréd the opinion of the court.
On the 22d day of April, 1885, during a severe drought which had long prevailed, the woods of the plaintiff, Bernard, were set on fire by reason, as alleged, of sparks escaping from an engine of a passing train over the road of defendant company, and they were, thereby, greatly injured. The plaintiff, to recover damages for the injury thus done, brought this action of trespass on the case. The defendant’s plea was not guilty. After all the evidence of the plaintiff and the defendant had been given to the jury, the plaintiff offered a series of…
2Cases cited2 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Brighthope Railway Co. v. RogersSupreme Court of Virginia · 1881
3Cited by4 opinions
- Richmond Railway & Electric Co. v. GarthrightSupreme Court of Virginia · 1896
- Patteson v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1896
- Womack v. CircleSupreme Court of Virginia · 1877
- Womack v. CircleSupreme Court of Virginia · 1877