Nelson v. Chesapeake & Ohio Railroad

Citations

• 88 Va. 971
• 14 S.E. 838
• 1892 Va. LEXIS 58

Syllabus

<p>1. Negligent Injuries — Jurisdiction.—Where plaintiff sued railroad company in Virginia, where it was found, for negligent killing his intestate in West Virginia;</p> <p>Held :</p> <p>Suit properly brought, the recovery to be according to the laws of West Virginia, such laws not being inconsistent with the laws or policy of Virginia; this being so, notwithstanding the right to sue for such an injury is statutory. Dennick v. Railroad Company, 103 U. S. 11.</p> <p>2. Foreign Statutes — Penal—Compensatory.—If the statute of West Virginia giving the right to sue in a case like the above-mentioned, were a penal statute, an action under it could not be maintained in this state. It is otherwise, as the statute is not penal but compensatory.</p> <p>3. Former Judgment — Bar to another action. — A recovery in the action in this-state will be a complete bar to another action, here or elsewhere, for the same wrong.</p> <p>4. Declaration — Cotitributory negligence — Case, at bar. — Where such action, declaration alleges that intestate (a track laborer) was being carried from one point on the railroad to another, and was ordered by his superior to ride on top of the car, whereon he was standing when struck by bridge-timbers, and that he was ignorant of the dangerous character of the bridge;</p> <p>Held :</p> <p>Declaration not demurrable, the mere fact that he was standing on top of the car not being of itself negligence on his part.</p>