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

Citations

• 85 Va. 489
• 8 S.E. 370
• 1888 Va. LEXIS 60

Syllabus

<p>Employer and Employee — Employer's Negligence—Declaration—Demurrer.—In action against employer for negligence, causing death of plaintiff’s intestate whilst in the discharge of the duty of his employment, a count averring that defendant failed to provide “ suitable, convenient and safe appliances,” that is to say, proper push-poles and sockets for same, “by reason of which said careless acts of the defendant, the deceased was injured,” is demurrable for that it does not aver that defendant failed to exercise ordinary care in providing suitable and safe appliances for the business, and that the alleged defects in the push-pole were, or ought to have been, known to defendant, and that deceased did not know of them, and was himself without fault. So likewise is a count averring that said push-pole was not made of ‘‘ strong and suitable material,” and failing to aver that its defects were, or ought to, have have been, known to defendant. So likewise'is a count averring that it was the duty of defendant to have furnished a push-pole “ constructed in the best and safest manner and of the best materialand also a count averring that defendant is liable because of its failure to provide sockets for the tender and car in question ; all for the reasons set forth in the opinion.</p>