Legal Opinion

Town of Suffolk v. Parker

Supreme Court of Virginia

Decided December 11, 1884PublishedCited by 9 opinions

Error to judgment of circuit court of Nansemond county, rendered in an action on the case instituted in August, 1881, by Mrs. Georgiana Parker against the town of Suffolk, for an alleged nuisance in negligently erecting, using, and managing its market house. At and after the nuisance, she owned and occupied a dwelling house, situated in that town near the market house. When she became such owner there was no market house near it, and none contemplated.

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Error to judgment of circuit court of Nansemond county, rendered in an action on the case instituted in August, 1881, by Mrs. Georgiana Parker against the town of Suffolk, for an alleged nuisance in negligently erecting, using, and managing its market house. At and after the nuisance, she owned and occupied a dwelling house, situated in that town near the market house. When she became such owner there was no market house near it, and none contemplated. Subsequently it was erected, and by reason of the town’s careless use and management thereof, her house became uninhabitable in consequence of…

1Opinion of the CourtRichardson, J.

The plaintiff’s declaration contains three counts, the material allegations in which are substantially the same.

Omitting the usual preliminary matter of inducement the declaration avers that, at the time of the alleged grievances thereinafter set forth, and thereafter until the commencement of this suit, the plaintiff was lawfully possessed of a certain dwelling house, with the appurtenances, situate and being in *662said town of Suffolk, county of Nansemond, and state of Virginia, and in which said dwelling house, with the appurtenances, the said plaintiff, at the time of the committing of the…

2Cases cited4 opinions

  1. People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Washington & New Orleans Telegraph Co. v. Hobson & SonSupreme Court of Virginia · 1859
  3. Pruner & Hubbles v. PendletonSupreme Court of Virginia · 1881
  4. Read v. CommonwealthSupreme Court of Virginia · 1872

3Cited by9 opinions

  1. Chafor v. City of Long BeachCalifornia Supreme Court · 1917
  2. Georgia Public-Service Commission v. City of AlbanySupreme Court of Georgia · 1935
  3. City of Nashville v. FoxCourt of Appeals of Tennessee · 1928
  4. Dimmett v. EskridgeSupreme Court of Virginia · 1819
  5. Dimmett v. EskridgeSupreme Court of Virginia · 1819

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