Chesapeake & Ohio Railway Co. v. Westinghouse, Church, Kerr & Co.

These cases were heard together and upon the same testimony. They are actions of assumpsit for the use of an engine and expenses of its operation, the *649road being under Federal control during part of the period involved. A jury was waived and all questions of law and fact were submitted to the judge of the trial court, so that where the evidence conflicts upon any material point, the judgment of the trial court on the facts will be given the same weight as if it were the verdict of a jury. F. W. Stock & Sons v. Owen, 129 Va. 261, 105 S. E. 587.

Ignoring the conflicts in the testimony which have…