Phillips v. Southern Railway Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Chesterfield county in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error.
1Opinion of the CourtHarrison, J.
This action was brought to recover of the defendant company damages for its alleged negligence in communicating fire from one of its engines to the woodland of the plaintiff, whereby a large and valuable body of timber was destroyed.
The company demurred to the evidence, and the case is before us upon a writ of error to the judgment of the circuit court sustaining the demurrer and dismissing the case.
The law in this class of cases is well settled. The burden of proving that the fire originated from sparks emitted by an engine of the railroad company is upon the plaintiff. Where the origin of…
2Cases cited4 opinions
- Patteson v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1896
- White v. New York, Philadelphia & Norfolk RailroadSupreme Court of Virginia · 1901
- Atlantic Coast Line Railroad v. WatkinsSupreme Court of Virginia · 1905
- Norfolk & Western Railway Co. v. FrittsSupreme Court of Virginia · 1905
3Cited by1 opinion
- Norfolk & Western Railway Co. v. SpatesSupreme Court of Virginia · 1917