Darracott v. Chesapeake & Ohio R. R.

Citations

• 83 Va. 288
• 2 S.E. 511
• 1887 Va. LEXIS 66

Syllabus

<p>1. Appellate Court-Exceptions- Waiver.-Declaration being held bad on demurrer, defendant, by amendment and going to trial on the merits, waives his objection. Hopkins, Brother & Co. v. Richardson, 9 Gratt. 485.</p> <p>2. Railroad Companies-Employees-Duties.-Company’s duty to its servants is discharged by ordinary care, and vice versa.</p> <p>3. Negligence-Case at bar.-The frequent “three-link couplings,” if made when the cars are still, according to the known rules of the defendant company&emdash;</p> <p>Held :</p> <p>Not to expose coupler to perils beyond those incident to his employment and assumed by him.</p> <p>4. Contributory Negligence-Case at bar.-Any negligence of servant that is the proximate cause of the injury&emdash;such as attempting to make the three-link coupling when he may readily see that the car is in motion, and in disobedience of the defendant’s rules, defeats his actions for such injury.</p>