Chesapeake & Ohio Railway Co. v. Catlett
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Fluvanna county, in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error.
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court:
The instant case turns upon the* question,—
1. Is there any probative evidence in the case tending to establish the fact that the breeding place of the mosquitoes which were the cause of the malaria complained of was the old canal bed aforesaid?
The question must be answered in the negative.
A fact cannot be established, whether by direct (testimonial) or circumstantial evidence unless there is some evidence which has some logical probative value to establish the fact. 1 Wigmore on Ev., secs. 20, 31, et…
2Cases cited4 opinions
- Chesapeake & Ohio Railway Co. v. HeathSupreme Court of Virginia · 1904
- Norfolk & Western Railway Co. v. Poole's Adm'rSupreme Court of Virginia · 1902
- Chesapeake & Ohio Railway Co. v. WareSupreme Court of Virginia · 1918
- Wood's Administratrix v. Southern Railway Co.Supreme Court of Virginia · 1905
3Cited by11 opinions
- City of Richmond v. Atlantic Co.Court of Appeals for the Fourth Circuit · 1960
- Anderson v. SissonSupreme Court of Virginia · 1938
- Tidewater Stevedore Co. v. LindsaySupreme Court of Virginia · 1923
- C. & O. RY. CO. v. SeaySupreme Court of Virginia · 1954
- Chick Transit Corp. v. EdentonSupreme Court of Virginia · 1938
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