Rogers v. Coal River Boom & Driving Co
| Decision Date | 31 December 1897 |
| Citation | 26 S.E. 1008 |
| Court | West Virginia Supreme Court |
| Parties | ROGERS. v. COAL RIVER BOOM & DRIVING CO. |
For former opinion, see 23 S. E. 919.
Note by BRANNON, J. Since writing this opinion I meet with law strongly sustaining this point. 2 Minor, Int. 633, states the law to be that, in case of agreement not to do waste, the landlord may sue either in case or on the agreement. So holds Moses v. Nail-Works Co., 75 Va. 95.
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6 cases
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Pickens v. Coal River Boom & Timber Co
...the bank of a riparian owner, an action lies for him. It was again so held in Rogers v. Coal River Co., 41 W. Va. 593, 23 S. E. 919, 26 S. E. 1008. Upon such facts we have decided that liability rests upon the boom company, and we must say so as matter of stare decisis. Indeed it is admitte......
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Pickens v. Coal River Boom & Timber Co.
... ... by Roman Pickens against the Coal River Boom & Timber Company ... and others. Judgment for plaintiff, and the Coal River Boom & Driving Company appeals. Affirmed ... Williams, ... J., dissenting ... Payne & Payne, Price, Smith, Spilman & Clay, ... the same and similar facts answer this question in the ... affirmative. The two decisions just cited do so. In ... Rogers v. Coal River Boom Co., 39 W.Va. 272, 19 S.E ... 401, it was held that where [66 W.Va. 12] damage comes from ... erection of piers for a boom in ... ...
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Pickens v. Coal. River Boom & Timber Co
...no protection against the same. This is the proper conclusion that was reached in Rogers v. Driving Co., 41 W. Va. 593, 23 S. E. 919, 26 S. E. 1008, and is the same conclusion that was arrived at on the former hearing of this case. It is equivalent to saying that "an act done under lawful a......
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Pickens v. Coal River Boom & Timber Co.
... ... damage, its charter furnishes no protection against the same ... This is the proper conclusion that was reached in Rogers ... v. Driving Co., 41 W.Va. 593, 23 S.E. 919, 26 S.E. 1008, ... and is the same conclusion that was arrived at on the former ... hearing of this ... ...
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