N. & W. R. R. v. McDonald's Adm'r
Supreme Court of Virginia
Error to judgment of circuit court of Pulaski county, rendered January 24tli, 1890, in an action of trespass on the case, wherein Robert M. Cliumbly, administrator of Charles 0. McDonald, deceased, was plaintiff', and the plaintiff in error, the Norfolk and Western railroad company ivas defendant.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
*353This action was brought to recover damages for the alleged negligent killing of the plaintiff’s intestate, while coupling cars as a brakeman on. a passenger train in the defendant’s employ. The charge in the declaration was that the defendant company, at the time the deceased entered its service was using self-coupling cars, and that the continued use of such cars was contemplated in the contraed of service, but that the defendant violated its contract in this particular, and, at the time the deceased was killed, was using mismatched couplings,…
2Cases cited2 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Wilder v. KelleySupreme Court of Virginia · 1891
3Cited by3 opinions
- McDonald's Adm'r v. Norfolk & Western RailroadSupreme Court of Virginia · 1897
- Street's Administrator v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1903
- Riddley v. Clinchfield Coal Corp.Supreme Court of Virginia · 1916