The Virginia Law Register Volume 8 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ... premises occupied Y n defendant, with knowledge that they were to be opened and "sed as I quarry, he was estopped from claiming any dflmflgefl 9' 'i5m3_' from the limp'; use of the quarry as a. quarry, when carried on in the ordinary, 11511" 1 " proper business of a slate quarry. H. This request was refused, and the jury was instructed that plamfillg could maintain the action, provided he proves damages, although he s U the land with the understanding that it was to be used as a_slate quarry; and that it was not necessary for the plaintifl' to prove llegllgence r 2:53, lessness on the part of the defendant. Upon exceptions taken to the re t to instruct, and to the instruction given, held, that the refusal W85 "'9' as was also the instruction given. but The plaintiff also claimed to recover for probable future damagfisif the the court instructed the jury that no damages subsequent to the d11, l' 9'f V writ could be recovered. Held, that the instruction is correct. Thlhmse1Monson etc. Co. (Me.), 52 Atl. 757. Citing, upon the question of "mp? ' Bunsen or Conrnucr ro M.mnY--Innnrm1'rsNnss AS ro TIME-REQUEST.--In Sanders v. Coleman, 97 Va. 690, it was held tlfat a. breach of the marriage contract is excusable if the condition of the parties has so changed that the marriage state would endanger the life or health of either. The Supreme Court of Rhode Island, in Clark v. Corey, 52 Atl. 811, holds that where there is a. subsisting contract of marriage between the parties, but without u date fixed for its performance, the law construes the obligation as one to be performed within a reasonable time upon request, unless one of the parties has incapacitated himself for the performance, as by...