Risque's Administrator v. Chesapeake & Ohio Railway Co.

Citations

• 104 Va. 476
• 51 S.E. 730
• 1905 Va. LEXIS 123

Syllabus

<p>1. Railroads — Delivery of Defective Cars — Inspection—Injury to Servant of Receiving Company. — If a railway company delivers, on a siding, to a company operating an iron furnace, cars without brakes, or with unsound brakes, in consequence of which defect a servant of the receiving company is injured, his remedy is against the receiving company only, whose servant he is, and whose duty it was to inspect the cars before use, and either decline to receive them or else remedy the defect. There is no relation of employer and employee between the delivering company and the person injured.</p> <p>2. Railroads — Joint Use of Grade Crossing — Contributory Negligence.— Where the view of a grade crossing of a railroad and a furnace track is obstructed, the engineer of the furnace company who backs his locomotive onto the track of the railroad, with his back to the railroad, so that he can not see, at a time when he knows that a passenger train on the railroad is due and must pass over that point, • cannot recover of the railroad company for injuries resulting from a collision with such passenger train, even if the servants in charge of such train were guilty of negligence in giving warning of its approach. His own contributory negligence bars recovery.</p>