Goodman v. R. & D. Railroad

Citations

• 81 Va. 576
• 1886 Va. LEXIS 125

Syllabus

<p>1. Appellate Court—Two trials—Judgment.—Where at first trial there is a verdict for plaintiff, which is set aside, and plaintiff excepts, and at second trial a jury is waived, and the whole matter of law and fact submitted to the court, and judgment is rendered for the defendant, to which the plaintiff excepts, and the court certifies the evidence, wherein there is no conflict, this court will review the case, and if the evidence sustains the verdict, will enter judgment for plaintiff on that verdict, without considering the subsequent proceedings.</p> <p>2. Negligent Injuries—Master and servant—Case at bar.—Case where the evidence shows that the defendant company was guilty of negligence in not providing and keeping a ladder on a freight car next to the caboose ear in repair, so as to make it safe for the conductor of the train to pass up and down it in the discharge of his duties ; and where the conductor (plaintiff here), by reason of said defective ladder, whilst in the discharge of his duties, fell—no negligence of his own contributing to cause the fall—by which fall he was severely injured and permanently disabled, and was held to be entitled to damages.</p>