Cases Decided in the Supreme Court of Appeals of Virginia Volume 102 epub

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Cases Decided in the Supreme Court of Appeals of Virginia Volume 102 epub

Cases Decided in the Supreme Court of Appeals of Virginia Volume 102 epub

Cases Decided in the Supreme Court of Appeals of Virginia Volume 102 by Virginia Supreme Court of Appeals

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Author: Virginia Supreme Court of Appeals
Page Count: 324 pages
Published Date: 15 Jan 2013
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781234224653
Download Link: Cases Decided in the Supreme Court of Appeals of Virginia Volume 102
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...the trees were cut Whose laps caught on fire, nor of what kind of timber they were, nor whether they were so combustible as to be likely to catch on fire easily. The mere fact that they did catch on fire on a hot, dry and windy day was not conclusive evidence that they were dangerously in Opinion. if flammable, or likely to take fire the distance they were from the engine. Upon all the evidence the jury may not have been satisfied (and the question was for them) that the defendant had allowed conbustible material to accumulate so near his engine as to be easily ignited by sparks therefrom. If they were not, their verdict was not in contravention of either instruction a, b, The verdict of the jury not being in conflict with those instructions, and there being no objection to them, it is unnecessary to consider whether or not they correctly state the law. The plaintifi s other instruction, d, to the giving of which there was no objection, told the jury that if they believed from the evidence that the plaintifi sustained damages by fire about the 17th day of July, 1902, and that said fire originated from an engine operated by the defendant, and that the defendant operated the said engine without the use of the latest and best_ known appliances to prevent the emission of sparks from said engine, the defendant assumed the risk of so operating said engine, and they must find for the plaintiff. If the jury had followed this instruction, they could not have found the verdict they did, for there is no question that the fire did originate from the defendant s engine, and that he did not have the best known appliances to prevent it from emitting sparks. _ The general rule is that persons in the...

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