R. & D. R. R. v. Norment

Citations

• 84 Va. 167
• 4 S.E. 211
• 1887 Va. LEXIS 19

Syllabus

<p>1. Bailroad Companies-Employees-Negligence.-Company must provide all appliances reasonably essential to employee’s safety; else, it is liable for injury to him, unless he contributed thereto by his own want of ordinary care.</p> <p>2. Idem-Risk of employment- -Knowledge.-If, through company’s failure to provide such appliances, &e., employee receives injury, he may recover damages, though he knew of such default and continued without complaint in the employment.</p> <p>3. Idem-Collision-Fellow servant.-Plaintiff, whilst “ overhauling a car on a branch track, sustained injury from collision of the line of cars under which he was at work, with another car which was shifted on to the same track, by the negligence of the engineer in shifting the same without first ascertaining whether there was any person at work under the cars with which the shifted car might collide:</p> <p>Held : For such negligence^the company is liable, the engineer and the over-hauler being employed in different departments of service.</p> <p>4. Appellate court-Instructions-Reversal.--This court will not reverse a judgment on account of refusal of trial court to give instructions asked for, if the party has not been aggrieved by the refusal.</p> <p>5. Damages -Personal injuries.-Jury should consider employee’s physical and mental suffering, medical expenses, loss of wages, and inability, if such exists, to follow his calling, in estimating the damages, he is entitled to receive for negligent injuries to his person.</p>