Shenandoah Valley Railroad v. Lucado's Adm'r

Citations

• 86 Va. 390
• 10 S.E. 422
• 1889 Va. LEXIS 54

Syllabus

<p>Employer and employee-—Injury to employee—Contributory negligence—Case at bar.—On a very dark night, after an unprecedented rain from which danger to the railroad track 'was apprehended, in consequence of which, extraordinary precautions were taken by the officials to prevent accidents, an employee, who had for many months been in the service as a section hand, was detailed as a watchman and directed to walk back and forth between two points on the track. Whilst so doing, he met a train that had been sent out with hands to remove obstructions or to make repairs. Employee signalled the train to stop. The foreman of the hands enquired of him as to the condition of the track, and he answered, “all right,” down to a red light about 200 yards beyond where the injury occurred. Employee, without invitation or objection mounted on the engine, contrary to the company’s rules and his instructions. Train proceeded cautiously at the rate not exceeding four miles an hour. It had not gone far, when a sudden cry of alarm was uttered by the foreman, and all except the engineer and employee leaped off just in time to save themselves. The engineman and employee were carried down with the engine into a chasm in the road-bed and thence into the river. Employee was caught fast in the wreck, and in a little -while the rapidly rising water submerged and drowned him. Copies of the, rules had been distributed among the section foremen. In an action by the administrator of the deceased, against the company to recover damages for the negligent killing of the deceased: held, intestate was chargeable with notice of the rules, and being on the engine contrary to them and to his instructions, his administrator could not recover damages for the injury, which, but for his own misconduct, could not have happened.</p>