C. & O. Railroad v. Lee

Citations

• 84 Va. 642
• 5 S.E. 579
• 1888 Va. LEXIS 122

Syllabus

<p>1, Railroads—Employees—Negligent injuries—Recovery.—Plaintiff is bound at least to raise a reasonable presumption of negligence on the part of defendant. Then he must recover, unless plaintiff himself was guilty of 'such negligence, as without it, the injury would not have happened; and even then, unless the defendant could not, by the exercise of care, have avoided the consequences of the plaintiff’s negligence. But the employee accepts the service subject to the risks incident to it.</p> <p>2. Idem—Case at bar.—Plaintiff was injured whilst uncoupling a car from standing cars, by a pier engine and coal train running into said cars. When he went in between those cars, he saw the engine stalled on the up-grade and the train only about twenty feet from those cars. He was delayed by a tight pin. The engine gave no warning by bell or whistle, but its exhaust as it climbed the grade could be heard a long way:</p> <p>Held:</p> <p>Plaintiff cannot recover.</p>