Ayers' Adm'x v. R. & D. Railroad

Citations

• 84 Va. 679
• 5 S.E. 582
• 1888 Va. LEXIS 128

Syllabus

<p>1. Railroads—Employees—Negligent injuries—Incidental perils.—For the principles governing recoveries for negligent injuries, see C. & O. Railroad, Co. v. Lee, ante, p. 642. While it is true that a servant enters upon an employment subject to the perils incident thereto, yet the company must use care to provide safe, sound, and suitable instrumentalities, and not expose him to perils beyond those incident to such employment and in contemplation at the time of the contract of service, and he is entitled to presume this duty has been performed.</p> <p>2. Idem—Conductor—Brakeman.—The company is responsible for injuries inflicted upon a brakeman on its train through the negligence of the conductor thereof. Moon v. Railroad Co., 78 Va., 745.</p> <p>3. Idem—Acction for negligent killing—Case at bar.—Brakeman was ordered by conductor to make a coupling to a car over the end whereof lumber projected. In obeying the order, brakeman, who knew the danger, was caught between the lumber and the next car; seeing which, conductor signaled engineer to “jar ahead quickly;” which was done, causing brakeman to fall; and the coupling having been made, the wheels passed over and killed him:</p> <p>Held:</p> <p>Upon demurrer to the plaintiff’s evidence, the plaintiff was entitled to recover, the death being caused by the negligence of the defendant’s conductor in giving the signal without looking to see if the coupling had been made. :</p>