Brighthope Railway Co. v. Rogers

Citations

• 76 Va. 443
• 1881 Va. LEXIS 75

Syllabus

<p>1. Subrogation—Insurer.—R’s wood, piled on line of B railway and insured with W F Insurance Co., is destroyed by the Railway Co.’s negligence, and paid for by the Insurance Co.</p> <p>Held :</p> <p>The latter is subrogated to R’s right of action against the Railway to the extent of the amount paid under the policy.</p> <p>2. Idem—Release.—Action against the Railway Co. for the amount paid under the policy, in the name of R, for use of the Insurance Co., can not be released by R, and a plea setting up such a release as a defence to the action, is properly rejected.</p> <p>3. Evidence.—Testimony is admissible to prove that the locomotive which fired R’s wood, had, on other occasions, emitted sparks and set fire to property along the railway, in order to show negligence and defects of machinery.</p> <p>4. Railway Company is liable where fire is attributable to the negligence of its agents, or to its want of proper machinery and spark arresters, or to the accumulation of combustible matter along its line.</p> <p>5. Idem.—Employing an agency so powerful and dangerous as steam, a railway company is liable for all injuries caused by its omission to employ the best mechanical contrivances and inventions in known use, to prevent burning private property by the escape of sparks and coals from its engines.</p> <p>6. Gross Negligence.—The circumstances disclosed'by the record constitute a case of gross negligence.</p> <p>7. Instructions.—It is the settled rule, that though an instruction may be erroneous, this court will not, for that reason, grant a new trial, if it be manifest that the excepting party could not have been prejudiced by it.</p>