Washington Southern Railway Co. v. Cheshire
Supreme Court of Virginia
Error to a judgment of the Oircuit Oourt of the City of Alexandria in an action of trespass on the ease. Judgment for the plaintiff. Defendant assigns error. Instruction Eo. 4 asked for by the defendant was amended by striking out the words in italics. As asked it was as follows : “It is the duty of the master to exercise ordinary care to furnish its employees reasonably safe machinery and appliances with which to work.
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Error to a judgment of the Oircuit Oourt of the City of Alexandria in an action of trespass on the ease. Judgment for the plaintiff. Defendant assigns error. Instruction Eo. 4 asked for by the defendant was amended by striking out the words in italics. As asked it was as follows : “It is the duty of the master to exercise ordinary care to furnish its employees reasonably safe machinery and appliances with which to work. The duty is discharged if the employer exercises ordinary care, although the machinery or appliances may not in fact be safe and (or) free from defects. "If the jury believe…
1Opinion of the CourtWhittle, J.
It is apparent that, this case was tried upon the amended declaration to which there was no demurrer, and which states a good cause of action. Therefore we need not notice the first assignment of error which concerns questions raised by the demurrer to the original declaration. Virginia Cedar Works v. Dalea, 3 Va. App. 165, ante, p. 333, 64 S. E. 41.
The writ of error brings under review the judgment in behalf of Robert M. Cheshire, the defendant in error, against the Washington-Southern Railway Company, the plaintiff in error, in an action to recover damages for personal injuries sustained by…
2Cases cited7 opinions
- Orr v. PenningtonSupreme Court of Virginia · 1896
- Head v. CommonwealthCourt of Appeals of Virginia · 1986
- Norfolk & Western Railway Co. v. Cheatwood's AdministratrixSupreme Court of Virginia · 1905
- Virginia Portland Cement Co. v. Luck's AdministratorSupreme Court of Virginia · 1905
- Hawpe v. BumgardnerSupreme Court of Virginia · 1904
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3Cited by9 opinions
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