Chesapeake & Ohio Railway Co. v. Robbins
Chesapeake & Ohio Railway Co. v. Robbins
Opinion of the Court
Extension oe the Opinion by
-Reversing on Cross Appeal.
In the opinion handed down in this case we inadvertently overlooked and omitted to pass on, the' question raised by appellee’s cross appeal. It appears from the record that after the principle issues had been completed, appellee filed an amended petition, wherein it was, in substance, alleged that at the time of the first overflow of her lots and houses by the alleged obstruction of the waters of Salt Lick and1 Mud Lick Creeks from the abutments, piers and embankments, connected with apellant’s bridges over those streams, she owned and had in one of the houses household goods of value, which were subjected to overflow and thereby damaged to the amount of $205. For some reason not stated in the record, the circuit court sustained a demurrer to the amended petition, to which appellee, at the time excepted, and the cross appeal presents for review this ruling. We think the court erred in sustaining the demurer. The claim for damages arising out of the overflow of appellee’s personal property was properly pleaded and its consequent injury sufficiently alleged. There was no question of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.