Eggborn v. Smith
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Culpeper county in an action of detinue. Judgment for the plaintiff. Defendant assigns error.
1Opinion of the CourtCardwell, J.
The subject of this controversy is a lot of earth, dust and rock, from the smallest particles to rock weighing several hundred pounds, distributed over about two acres of land, in various depths from a foot or two to eight or ten feet; and the facts out of which the controversy arises are as follows:
In 1903 and 1904 the Southern Railway Company was engaged in double-tracking its railroad through the county of Culpeper, and in so doing it became necessary for it to excavate a very deep and long cut just south of the town of Culpeper, a portion of the right of way for the new track having been…
2Cases cited5 opinions
- Prince v. CaseSupreme Court of Connecticut · 1835
- Powers v. DennisonSupreme Court of Vermont · 1858
- Ellis v. WrenCourt of Appeals of Kentucky · 1886
- Sprague v. . HosmerNew York Court of Appeals · 1880
- Fulton v. NortonSupreme Judicial Court of Maine · 1875
3Cited by4 opinions
- In Re the Estate of CampbellHawaii Supreme Court · 1963
- London Extension Mining Co. v. EllisCourt of Appeals for the Tenth Circuit · 1943
- In Re the Estate of CampbellHawaii Supreme Court · 1963
- Preston v. Stover Leslie Flying Service, Inc.Ohio Supreme Court · 1963