R. & D. R. R. v. Rudd

Citations

• 88 Va. 648
• 14 S.E. 361
• 1892 Va. LEXIS 16

Syllabus

<p>1. Practice at Law — Summons — Copy—Variance—Waiver.—Original summons states damages at S15,000.00; copy at SI,500.00. The variance could be taken advantage of only by plea in abatement (g 3259); and, at least, was waived by failure to object before verdict.</p> <p>2. Negligent Injuries — Brakeman—Case at bar. — Defendant’s rules, wherewith, plaintiff, a brakeman, was unacquainted, forbade uncoupling cars except' with a stick, which, in this instance, could not be done. Conductor ordered plaintiff to uncouple cars. Whilst he was pulling coupling-pin with his hand he was thrown between the cars and injured by reason of the engine being suddenly reversed at a signal from a brakeman left by conductor to do the signaling;</p> <p>Held :</p> <p>Plaintiff was not guilty of negligence in not using a stick, as it would have been ineffectual, nor in obeying the conductor; but the brakeman (acting in the place of the conductor) was guilty of negligence in giving the signal to reverse the engine, which was the proximate cause of the injury.</p>