Legal Opinion

Rogers v. Coal River Boom & Driving Co.

West Virginia Supreme Court

Decided April 4, 1894PublishedCited by 14 opinions

cited 23 W. Va. 452; 38 W. Va. 438; Woods, Landlord and Tenant, 704; Id. 353; Id. 688; 2-South 552; 4 Bos. & Pall. 290. I.— Where the evidence is certified, instead of the facts proved, the Appellate Court will consider it as upon a demurrer to evidence hy the exceptor. — 6 W. Va.

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cited 23 W. Va. 452; 38 W. Va. 438; Woods, Landlord and Tenant, 704; Id. 353; Id. 688; 2-South 552; 4 Bos. & Pall. 290. I.— Where the evidence is certified, instead of the facts proved, the Appellate Court will consider it as upon a demurrer to evidence hy the exceptor. — 6 W. Va. Ill; 16 W. Va. 308; 21 W. Va. 709; 24 W. Va. 186. II.— Where the injury• is permanent and affects the value of the estate, entire damages must be recovered in one action. — 23 W. Va. 453 ; 26 W. Va. 787; 34 W. Va. 466 ; 112 Mass. 334; Sutherland on Damages, vol. 3, page 403, et seq. III. —Opinions of witnesses…

1Opinion of the Court

English, Judge :

This was an action of trespass on the case, brought in the Circuit Court-of Kanawha county byMahlon S. Rogers against the Coal River Boom & Driving Company to recover damages for injuries sustained by the plaintiff by the construction of a boom in Coal river opposite the lands of the plaiutiff, located about two miles from the mouth of said river, and by causing the river bank, which belonged to the plaintiff, and had been leased to said company, to was;!) and cave. The defendant demurred to the declaration and to each count; and the demurrer was sustained. *274The plaintiff…

2Cases cited4 opinions

  1. United States v. BostwickSupreme Court of the United States · 1877
  2. Smith v. Point Pleasant & Ohio River R. R.West Virginia Supreme Court · 1884
  3. Cumberland & Oxford Canal Corp. v. HitchingsSupreme Judicial Court of Maine · 1876
  4. Savannah & Ogeechee Canal Co. v. BourquinSupreme Court of Georgia · 1874

3Cited by14 opinions

  1. Henry v. Ohio River R.West Virginia Supreme Court · 1895
  2. Pickens v. Coal River Boom Co.West Virginia Supreme Court · 1909
  3. Riddle v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1953
  4. Pickens v. Coal River Boom & Timber Co.West Virginia Supreme Court · 1902
  5. First National Bank of Webster Springs v. McGrawWest Virginia Supreme Court · 1919

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