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CAROLINA, CLINCHFIELD & OHIO RAILROAD CO. v. MULLINS

148 S.E.2d 752 (1966)

207 Va. 207

CAROLINA, CLINCHFIELD AND OHIO RAILROAD COMPANY v. Harold MULLINS.

Supreme Court of Appeals of Virginia.

June 13, 1966.

Attorney(s) appearing for the Case

M. M. Long, St. Paul, and A. G. Lively, Lebanon, for plaintiff in error, submitted on brief.

No brief nor argument for defendant in error.

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

SPRATLEY, Justice.

Plaintiff, Harold Mullins, filed a motion for judgment against Carolina, Clinchfield and Ohio Railroad Company [Railroad] to recover damages for property lost and damaged in the March 12, 1963 flood of the McClure River. In his motion, Mullins alleged that Railroad "by its own acts, and through its agents, servants and employees wrongfully and negligently built or caused to be built a certain trestle...

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