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BALTIMORE AND OHIO RAILROAD COMPANY v. PATTERSON

129 S.E.2d 1 (1963)

204 Va. 81

BALTIMORE AND OHIO RAILROAD COMPANY v. Elwood D. PATTERSON. BALTIMORE AND OHIO RAILROAD COMPANY v. CITY OF WINCHESTER, Virginia. BALTIMORE AND OHIO RAILROAD COMPANY v. Katherine Montague COOPER.

Supreme Court of Appeals of Virginia.

January 14, 1963.

Attorney(s) appearing for the Case

W. W. Wharton, James R. Sipe, Harrisonburg (Wharton, Aldhizer & Weaver, Harrisonburg, on brief), for plaintiff in error.

Burr P. Harrison, J. Randolph Larrick, Winchester (William A. Johnston, III, Largent, Anderson & Larrick, Harrison & Johnston, on brief), for defendants in error.

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

SPRATLEY, Justice.

Elwood D. Patterson, the city of Winchester, Virginia, and Katherine Montague Cooper instituted separate actions against the Baltimore and Ohio Railroad Company for damages to their respective properties, resulting from a derailment of the defendant's freight cars. By agreement of all parties, the evidence in each case being identical, the cases were consolidated for trial. Upon the conclusion of the evidence for the plaintiffs, and at the completion...

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