American Railway Express Co. v. Downing
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Accomac -county in a proceeding by motion for a judgment for damages. Judgment for plaintiff. Defendant assigns error.
Read the full summary
Error to a judgment of the Circuit Court of Accomac -county in a proceeding by motion for a judgment for damages. Judgment for plaintiff. Defendant assigns error. This is an action brought by the defendant in error, J. W. Downing, against the plaintiff in error, the American Railway Express Company, to recover certain alleged damages occasioned by the loss, in transit, of 840 pounds of Paris green, a portion of a shipment of that commodity which, it is alleged, the Adams Express Company, on the .... day of June, 1918, received at Kensington, 111., a,s the property of, and undertook to…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The following is the chief question presented for our decision by the assignments of error, namely:
[1] 1. Is the defendant answerable to the plaintiff for the liability of the Adams Express Company to the plaintiff which existed at the time the defendant took over the entire business of the Adams Express Company as a going eoncern and all of the tangible property of the latter theretofore used in its business, because of the circumstances that the entire existence of the Adams Express Company as a…
2Cases cited25 opinions
- The Key CitySupreme Court of the United States · 1872
- Hibernia Ins. v. St. Louis & New Orleans Transp. Co.U.S. Circuit Court for the District of Eastern Missouri · 1882
- Tomlinson v. BranchSupreme Court of the United States · 1873
- Grenell v. Detroit Gas Co.Michigan Supreme Court · 1897
- McIver v. Young Hardware Co.Supreme Court of North Carolina · 1907
20 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kern v. Freed Co., Inc.Supreme Court of Virginia · 1983
- Adams v. United States Distributing Corp.Supreme Court of Virginia · 1945
- National City Bank v. Lapides (In Re Transcolor Corp.)United States Bankruptcy Court, D. Maryland · 2003
- Pepper v. Dixie Splint Coal Co.Supreme Court of Virginia · 1935
- Gibson v. American Railway Express Co.Supreme Court of Iowa · 1923
12 more not listed; retrieve them via the Exa API.