Chesapeake & Ohio Railway Co. v. Rowsey's Admr.
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Albemarle county in an action of trespass on tbe case. Judgmént for the plaintiff.
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Error to a judgment of the Circuit Court of Albemarle county in an action of trespass on tbe case. Judgmént for the plaintiff. Defendant assigns error. • Tbe following instructions were given by the court: “(A) The court instructs the jury, that knowledge by any railroad employee injured of the defective or unsafe character or condition of any appliances or structures shall be no defense to an action for injury caused thereby; and, if the jury believe from the evidence that G. W. Kowsey was killed by reason of the fact that the condition or character of the defendant company’s appliances or…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
This is an action brought by Rowsey’s administrator against the Chesapeake and Ohio Railway Company, to recover damages for the death of his intestate, alleged to have been caused by the negligent act of the defendant company.
Plaintiff’s intestate was a brakeman upon the Chesapeake and Ohio Railway, and at a point upon its line some distance west of Charlottesville,- near Ivy station, the public highway crosses the railroad upon a bridge. Plaintiff’s intestate was struck on the head by this bridge, and died in a short time thereafter; and the…
2Cases cited3 opinions
- Norfolk & Western Railway Co. v. Cheatwood's AdministratrixSupreme Court of Virginia · 1905
- Norfolk & Western Railway Co. v. MarpoleSupreme Court of Virginia · 1899
- Haffner's Adm'r v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1898
3Cited by4 opinions
- Washington Southern Railway Co. v. CheshireSupreme Court of Virginia · 1909
- McMenamin v. Southern Railway Co.Supreme Court of Virginia · 1914
- Robinson v. CommonwealthSupreme Court of Virginia · 1916
- Cromer v. Johnson Village, L.L.C.Charlottesville County Circuit Court · 2005