N. & W. R. R. v. Gilman's Adm'r

Citations

• 88 Va. 239
• 13 S.E. 475
• 1891 Va. LEXIS 24

Syllabus

<p>1. Neültoent Injuries—Contributory negligence.—If in his declaration plain- . tiff alleges that his injury was caused by the defendant’s negligence, it is sufficient; and it is not necessary to deny that he was guilty of contributory negligence. If defendant relies on the contributory negligence of plaintiff to defeat the suit, he must prove it, unless the fact be inferrable from all the circumstances.</p> <p>% Idem—Employer’s duty.—Emjiloyer should use ordinary care to supply and maintain suitable and safe appliances for the work to be performed, and to provide generally for the safety of his employee in the course of his work.</p> <p>3. Idem—Case, at bar.—In action for damages for death by defendant’s negligence, a train of six cars was run along a coal wharf, upon a wooden structure, twenty-five feet high and 800 feet long. At the end was only a log chained to the wharf. The chain gave, way and let the cars pass over the end, killing the plaintiff’s intestate, who was a brakeman. The defendant had ordered timbers four years before to build a deadbloek, but it was not built;</p> <p>Held :</p> <p>Negligence on part of defendant company caused death of plaintiff’s intestate, and it is liable.</p>