McDonald's Adm'r v. Norfolk & Western Railroad
Supreme Court of Virginia
Error to a judgment of the Circuit Court of PulasM county, rendered June 18, 1894, in an action of trespass on the case, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. The evidence sufficiently appears in the opinion of the court. After all the evidence had been introduced the plaintiff offered eight instructions.
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Error to a judgment of the Circuit Court of PulasM county, rendered June 18, 1894, in an action of trespass on the case, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. The evidence sufficiently appears in the opinion of the court. After all the evidence had been introduced the plaintiff offered eight instructions. The court gave instruction No. 1, and, after •striking out the words “to the best of its skill and judgment” in instruction No. 2, gave it as thus modified. It refused to give No. 4, No. 5, No. 6, No. 7, and No. 8. These instructions…
1Opinion of the CourtRiely, J.
This is the sequel of the case of N. & W. R. Co. v. McDonald’s Adm’r., reported in 88 Va. 352.
It is a general principle of the law of master and servant that the master shall use ordinary care and diligence to provide reasonably safe and suitable machinery and appliances for the use of the servant, and the master will be held liable for an injury to the servant, which results from the omission to exercise such care and diligence. 3 Elliott on Railroads, sec. 1273; N. & W. R. Co. v. Ampey, 93 Va. 108; Bertha Zinc Co. v. Martin, 93 Va. 791; Richmond Locomotive Works v. Ford, 94 Va. 627; W. & G.…
2Cases cited20 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
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3Cited by16 opinions
- Rinehart & Dennis Co. v. BrownSupreme Court of Virginia · 1923
- Chesapeake & Ohio Railway Co. v. Sparrow's Admr.Supreme Court of Virginia · 1900
- Southern Railway Co. v. MauzySupreme Court of Virginia · 1900
- Norfolk & Portsmouth Traction Co. v. Ellington's AdministratorSupreme Court of Virginia · 1908
- Robinson's Adm'r v. DininnySupreme Court of Virginia · 1898
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