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PECK IRON & METAL CO. v. SEABOARD AIR LINE R. CO.

107 S.E.2d 421 (1959)

200 Va. 698

PECK IRON & METAL COMPANY, Incorporated, v. SEABOARD AIR LINE RAILROAD COMPANY.

Supreme Court of Appeals of Virginia.

March 16, 1959.

Attorney(s) appearing for the Case

Howard W. Dobbins, Richmond (Morton L. Wallerstein, Wallerstein, Goode, Adamson & Dobbins, Richmond, on brief), for plaintiff in error.

Eppa Hunton, IV, Harry Frazier, III, Richmond (Hunton, Williams, Gay, Moore & Powell, Richmond, on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.

EGGLESTON, Chief Justice.

Peck Iron & Metal Company, Incorporated, sometimes hereinafter referred to as Peck or the plaintiff, filed its motion for judgment against Seaboard Air Line Railroad Company, sometimes hereinafter called Seaboard or the defendant, to recover damages for the loss of its property from a fire alleged to have been caused by Seaboard. The first count of the motion alleged that a Seaboard engine had dropped or thrown sparks on its right of...

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