Seal v. Virginia Portland Cement Co.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Augusta county in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error.
1Opinion of the CourtHarrison, J.
In this case the plaintiff has set forth his cause of action in a declaration containing three counts. The defendant company demurred to the declaration and to each count thereof, and the circuit court sustained the demurrer, upon the ground that the second count was repugnant to the first and third counts, and dismissed the case.
This was manifest error. The alleged repugnancy consisted in the statement in the first and third counts, that the defendant, after its attention was called to the danger, promised to remedy it; and the statement in the second count, that it assured the plaintiff…
2Cases cited8 opinions
- New River Mineral Co. v. PainterSupreme Court of Virginia · 1902
- Hortenstein v. Virginia-Carolina Railway Co.Supreme Court of Virginia · 1904
- Virginia & North Carolina Wheel Co. v. HarrisSupreme Court of Virginia · 1905
- Balt. & Ohio R. R. v. Whittington's Adm'r.Supreme Court of Virginia · 1878
- Lynchburg Traction & Light Co. v. GuillSupreme Court of Virginia · 1907
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3Cited by2 opinions
- P. Lorillard Co. v. ClaySupreme Court of Virginia · 1920
- Coe v. DenlyWest Virginia Supreme Court · 1924