Berry v. West Virginia & P. R.

Brannon, President:

In an action before a justice in Braxton county, Berry & Son recovered a judgment against the West Virginia & Pittsburg Railroad Company, and on appeal the case was tried by a j ury, and the plaintiffs recovered a j udgment against the company, which has been brought here by writ of error'. The action was to recover damages for the destruction of a roll of carpet in the burning of the company’s warehouse at Sutton. As the fire is not to be attributed to the negligence of the company, the question at once arises whether the company is to be judged by the law of common…