Richmond & Danville Railroad v. Dudley

Citations

• 90 Va. 304
• 18 S.E. 274
• 1893 Va. LEXIS 50

Syllabus

<p>1. Employees — Injuries—-Contributory negligence — Disobedience.—Where, contrary to rules, conductor allowed cars to be shifted and run down grade without an engine to control them, and whilst he was between the cars, a brakeman, without objection from the conductor, caused another car to run down the same way, which, by reason of. defective brakes, could not be controlled, and struck the first-named cars with such violence that the conductor was injured,</p> <p>Held :</p> <p>The conductor cannot recover on account of his own negligence and disobedience of the rules.</p> <p>2. Idem — -Presumption.—Railroad companies are entitled to presume that cars delivered to them by connecting companies are in proper condition.</p> <p>3. Idem-^-Failure to inspect. — Conductors who are required by the rules to inspect all cars picked up in transit, cannot recover for injuries received by them by reason of their failure to inspect such cars.</p>