Legal Opinion

Norfolk & Western R. R. Co. v. Read

Supreme Court of Virginia

Decided December 4, 1890PublishedCited by 10 opinions

Error to judgment of circuit court of Botetourt county, rendered October 30th, 1889, in an action of trespass on the case, wherein Mrs. Anna E. Read and her husband, D. W. R. Read, were plaintiffs, and the Norfolk & Western Railroad Company was defendant. The object of the suit was to obtain damages for injury done to goods which were the separate estate of the female plaintiff, whilst being transported over the defendant’s railway, by its servants.

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Error to judgment of circuit court of Botetourt county, rendered October 30th, 1889, in an action of trespass on the case, wherein Mrs. Anna E. Read and her husband, D. W. R. Read, were plaintiffs, and the Norfolk & Western Railroad Company was defendant. The object of the suit was to obtain damages for injury done to goods which were the separate estate of the female plaintiff, whilst being transported over the defendant’s railway, by its servants. Pending the suit, by deed duly executed by the plaintiffs for value received, the right of action was assigned, without recourse, bona fide, to…

1Opinion of the CourtLacy, J.

The case is as follows: In the month of October, 1883,*the agent of the plaintiff in the court below and her husband went to the office of the defendant company (the plaintiff in error here), in the city of Philadelphia, and hired a car to carry certain goods from Philadelphia, by way of connecting lines, to Blue Ridge Springs, Virginia; that the price mutually agreed on was $68; that this was paid, and the car loaded in Philadelphia under the supervision of the railroad company’s agent; that no objection was made to the manner of loading, nor to the kind of freight put into the car at the…

2Cases cited11 opinions

  1. Comegys v. VasseSupreme Court of the United States · 1828
  2. People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
  3. Gillet v. FairchildNew York Supreme Court · 1847
  4. Fryer v. . RockefellerNew York Court of Appeals · 1875
  5. Keagy v. TroutSupreme Court of Virginia · 1888

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3Cited by10 opinions

  1. Farish & Co. v. ReigleSupreme Court of Virginia · 1854
  2. Stapp v. Madera Canal & Irrigation Co.California Court of Appeal · 1917
  3. Woodford v. McDanielsWest Virginia Supreme Court · 1914
  4. Federated Graphics Companies, Inc. v. NapotnikDistrict Court, E.D. Virginia · 1976
  5. In Re FunkDistrict Court, W.D. Virginia · 1932

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