Norfolk & Western R. R. v. Cottrell

Citations

• 83 Va. 512
• 3 S.E. 123
• 1887 Va. LEXIS 95

Syllabus

<p>1. Practice at Common Law&emdash;Process&emdash;Service&emdash;Corporation.&emdash;Under Acts 1883-4, p. 701, providing for the service of process on corporations&emdash;</p> <p>Held :</p> <p>That service on any corporation, other than a bank of circulation, may be on any agent thereof in the county or- corporation in which he resides, or in which the principal office of the company is located, whatever may be the employment of such agent.</p> <p>2. Idem&emdash;Instructions.&emdash;Where an instruction assumes no fact, but states-the law correctly where a state of things made to depend upon the finding the jury may make from the evidence, it is not obnoxious to • objection.</p> <p>3. Master and Servant-&emdash;Risks of employment&emdash;Contributory negligence. Servant takes upon himself all the risks and perils incident to the-employment, and if he receives an injury resulting from those risks and perils, or from his own negligence as the proximate cause, the-master is not liable.</p> <p>4. Idem&emdash;Case at bar.&emdash;Plaintiff, employed as brakeman by defendant, had his hand crushed between the dead-blocks while coupling cars. He saw the cárs were coming too fast for safe coupling and signalled them to stop ; he saw they did not stop ; but when they were near him he stepped in to make the coupling, and was hurt.</p> <p>Held :</p> <p>When he saw that none of his signals had been obeyed, it was his-duty to stay out, and it was negligence in him to go in between the cars. And his injury was the immediate result of his own act.</p>