Legal Opinion

Chesapeake & O. Ry. Co. v. Lash's Adm'r

Supreme Court of Virginia

Decided April 2, 1896Published

Appeal from circuit court of city of Lynchburg. Action, by John P. Beard, administrator of F. A. Lash, deceased, against the Chesapeake & Ohio Railway Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtHarrison, J.

The evidence, not the facts, being certified, this case 'must be considered in the light of the familiar rule of a demurrer to evidence.

The plaintiff’s intestate was in the employ of the defendant company as brakeman, and was discharging his duty coupling freight cars in the shifting yard of the defendant at the city of Lynchburg. While thus engaged, he was caught between two cars, and crushed to death. These cars were dreadfully out of order, the bumpers so badly worn and rotted that when brought together to be coupled there was but a few inches of space between them, and it was in…

2Cases cited1 opinion

  1. R. & D. R. R. v. GeorgeSupreme Court of Virginia · 1891

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