Southwest Improvement Co. v. Andrew

Citations

• 86 Va. 270
• 9 S.E. 1015
• 1889 Va. LEXIS 34

Syllabus

<p>1. Master and servant.—72ís7ts—Assumption.—Servants entering employment accept the incident risks. If, knowing its hazards, they continue in it, they can claim no damages against the employer for injuries received while performing their duties, provided the employer uses ordinary care in selecting competent servants, supplying and maintaining safe and suitable appliances, and in general providing for the servants’ safety, having regard to the dangers and difficulties of the work.</p> <p>2. Idem—Case at bar.—In an action by a servant against his employer for injuries received in the course of his employment, through the defendant’s neglect of his duty in providing for plaintiff’s safety, the evidence failed to show negligence on the part of the defendant, but that the injuries resulted from dangers incident to the employment: held, plaintiff cannot recover.</p> <p>3. Negligence—Declaration—Demurrer.—Declaration alleged that defendant did not use proper care for safety of plaintiff whilst engaged in working defendant’s coal mines, and negligently permitted stones, slate, and coal to hang loosely in and about the roof of the mines where plaintiff was at work for defendant, and negligently failed to provide said roof with sufficient props to keep the loose stones, etc.., from falling on plaintiff, &c. On demurrer: held, declaration sufficiently charges negligence upon defendant, and need not deny contributory negligence on plaintiff’s part, and it was not error to overrule the demurrer.</p> <p>4. Verdict—Motion for new trial—Rule of decision—Case at bar.—Defendant in the case here moved the court below to set aside the verdict for plaintiff as contrary to the evidence. The motion being denied, on appeal, this court, under Code 1887, sec. 3484, applied to the consideration of the evidence the rule as upon a demurrer to evidence, and allowed the new trial.</p>