Norfolk & Western Railroad v. Thomas' Adm'r

Citations

• 90 Va. 205
• 17 S.E. 884
• 1893 Va. LEXIS 35

Syllabus

<p>1. Railroad Company — Negligent hilling — Alter ego. — An engineer, with the knowledge and permission of the conductor, who was the representative of .the company, left his engine to be operated by an inexperienced fireman.. Whilst making a flying switch, by the improper management of the engine by that fireman the brakeman was killed.</p> <p>Held :</p> <p>The company was liable.</p> <p>2. Declaration — Sufficiency.—Where declaration details the facts of such killing, and alleges that at the time thereof the engine was under the management of such fireman, it is sufficient, and notifies the company that it will have to defend for failure to keep a competent engineer.</p>