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

Citations

• 88 Va. 352
• 13 S.E. 706
• 1891 Va. LEXIS 42

Syllabus

<p>1. Employer and Employee — Assumption of risk. — No recovery can be had from railroad company for death of brakeman resulting from use of cars having mismatched couplings, where he continues to use them over a year without company’s promise to change them, as he thereby assumes the extra risk incident thereto.</p> <p>2. Idem — Contributory Negligence — Case at bar. — Brakeman knowing the couplings are mismatched, places pin in moving car, and remains between the two ears to shake pin into position, when he might safely have made the coupling by placing pin in standing car, and letting it be shaken into position by the concussion.</p> <p>Held:</p> <p>Guilty of negligence.</p>