Johnson's Adm'x v. Richmond & Danville R. R.
Supreme Court of Virginia
Argued at Richmond. Decided at 'Wytlieville. Error to judgment of circuit court of city of Richmond, rendered May 30th, 1889, in an action of trespass on the case, wherein Margaret Johnson, administratrix of James Johnson, deceased, was plaintiff, and the Richmond and Danville railroad company ivas defendant.
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Argued at Richmond. Decided at 'Wytlieville. Error to judgment of circuit court of city of Richmond, rendered May 30th, 1889, in an action of trespass on the case, wherein Margaret Johnson, administratrix of James Johnson, deceased, was plaintiff, and the Richmond and Danville railroad company ivas defendant. The object of the action was to recover damages for the death of plaintiff’s intestate, which was claimed to have been caused by the negligence of the defendant corporation. The deceased was a member of a firm of quarrymen doing business under the style of Hutcheon, Johnson & Donald. On…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
*978It was very properly conceded in the argument that the instruction given by the circuit court is erroneous. The theory of that instruction is that the fifth clause of the written agreement, although it, in effect, stipulates for exemption from liability even for the consequences of the company’s own negligence, is notwithstanding valid, and consequently precludes a recovery by the plaintiff, whether the company was negligent or not. It would be strange, indeed, if such a doctrine could be maintained. To uphold the stipulation in question, would be…
2Cases cited2 opinions
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