Legal Opinion

Chesapeake & Ohio Railway Co. v. Pew

Supreme Court of Virginia

Decided March 11, 1909PublishedCited by 8 opinions

Error to a judgment of the Circuit Court of the city of Williamsburg and the county of James City in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. This action was brought to recover damages to two car loads of cattle, some of which were killed and others injured, while in transit over the defendant’s road. The cattle were shipped from Columbia, Virginia, to Grove, Virginia; both points being on defendant’s railroad.

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Error to a judgment of the Circuit Court of the city of Williamsburg and the county of James City in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. This action was brought to recover damages to two car loads of cattle, some of which were killed and others injured, while in transit over the defendant’s road. The cattle were shipped from Columbia, Virginia, to Grove, Virginia; both points being on defendant’s railroad. There was no connecting carrier. The cattle were killed or injured in a wreck causing the derailment of the cars in which they were…

1Opinion of the CourtWhittle, J.

This is an action of trespass on the case to recover damages arising out of an intrastate shipment of cattle, the property of the defendant in error, J. IN’. Pew, over the road of the plaintiff in error, the Chesapeake and Ohio Railway Company, the initial carrier. Some of the cattle were killed and others injured in course of transportation under circumstances which it is alleged render the carrier liable for the damage sustained.

To a judgment against the company for the value of the cattle, this writ of error was awarded.

The principal assignment of error draws in question the ruling of the…

2Cases cited13 opinions

  1. Walls v. CommonwealthCourt of Appeals of Virginia · 1986
  2. Town of Danville v. PaceSupreme Court of Virginia · 1874
  3. McDaniel v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1868
  4. Doswell v. Buchanan's ex'orsSupreme Court of Virginia · 1831
  5. McCann v. EddySupreme Court of Missouri · 1896

8 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Chesapeake & Ohio Railway Co. v. OsborneSupreme Court of Virginia · 1930
  2. Carpenter v. CommissionerUnited States Board of Tax Appeals · 1932
  3. Byrd v. CommonwealthSupreme Court of Virginia · 1919
  4. Shiveley's Administrator v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1919
  5. Adams Express Co. v. GreenSupreme Court of Virginia · 1911

3 more not listed; retrieve them via the Exa API.

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