Beard's Adm'r v. Chesapeake & Ohio Ry. Co.

Citations

• 90 Va. 351
• 18 S.E. 559
• 1893 Va. LEXIS 59

Syllabus

<p>1. Brakeman — Action for injury — Declaration.—In action against railroad company for the negligent killing of plaintiff’s intestate, the declaration substantially averred that it was the duty of the company to have and maintain safe, sound, and suitable brakes to the cars on which the intestate was assigned to duty; that the company was guilty of negligence in suffering the brakes to the cars on which the intestate was employed at the time of his death to become so worn and broken as to be incapable of stopping the train as quickly as otherwise they would have done, and that the intestate’s death resulted directly from this negligence on the part of the defendant company:</p> <p>Held ;</p> <p>The declaration is sufficient in law.</p> <p>2. Cases — Compared and distinguished. — The facts in the case of Clark's adm’r v. Railroad Co., 78 Va., 700, are dissimilar from the facts in the case at bar except that in both cases the death was caused by collision with an overhead bridge.</p>