Chesapeake & Ohio Railway Co. v. Clifton Forge-Waynesboro Telephone Co.
Supreme Court of Virginia
1Opinion of the CourtHarrison, J.
The question involved in this case is whether an exculpatory clause in an agreement executed by The Chesapeake and Ohio Railway Company and the Clifton Forge-Waynesboro Telephone Company precluded Telephone Company from recovering damages to its property proximately caused by the negligence of C & O. The trial court held that recovery could be had, it being of opinion that the contrac tual exemption from liability for negligence found in the agreement was against public policy and void.
Telephone Company provides service to residents in and around Covington. C & O owns a right-of-way in…
2Cases cited7 opinions
- Santa Fe, Prescott & Phœnix Railway Co. v. Grant Bros. Construction Co.Supreme Court of the United States · 1913
- Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
- Johnson's Adm'x v. Richmond & Danville R. R.Supreme Court of Virginia · 1890
- Cacey v. Virginian Ry. Co.Court of Appeals for the Fourth Circuit · 1936
- Thomas v. Atlantic Coast Line R. CoCourt of Appeals for the Fifth Circuit · 1953
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3Cited by22 opinions
- Hiett v. Lake Barcroft Community Ass'nSupreme Court of Virginia · 1992
- Appalachian Power Co. v. Earline Virginia SandersSupreme Court of Virginia · 1986
- Estes Exp. Lines v. Chopper Exp.Supreme Court of Virginia · 2007
- Rhea v. Horn-Keen Corp.District Court, W.D. Virginia · 1984
- Gill v. Rollins Protective Services Co.Court of Appeals for the Fourth Circuit · 1983
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