N. & W. R. R. v. Bohannon

Citations

• 85 Va. 293
• 7 S.E. 236
• 1888 Va. LEXIS 35

Syllabus

<p>1. Railroad Companies&emdash;Negligence&emdash;Fires&emdash;Sufficiency of Evidence&emdash; Case at bar.&emdash;In action against company for destroying property by two fires&emdash;one caused by sparks from company’s engine upon plaintiffs’ premises, the other upon combustibles on company’s right of way&emdash;it was shown that soon after train passed, smoke was seen in plaintiffs’ orchard; that the fire started on line between plaintiff and defendant and was going from track, and that engines on that road sometimes threw sparks forty feet beyond right of way ;</p> <p>Held:</p> <p>The evidence warranted the finding that each fire originated as laid in declaration.</p> <p>2. Idem&emdash;Instructions&emdash;Damages as a whole,&emdash;-Where no attempt was made to ascertain the loss until after second fire, and to examine witnesses as to amount of each separate loss;</p> <p>Held:</p> <p>It was proper to refuse to instruct jury to find each loss separately ; and it was proper to instruct them to consider all the evidence and assess the 'damages as a whole, whether fire originated from sparks cast upon plaintiffs’ premises, or upon combustibles on defendant’s right of way.</p> <p>3. Damages&emdash;Measure&emdash;Fruit trees.&emdash;The measure of damages for destroying by fire an orchard of fruit trees is the value of the trees destroyed.</p>