McCoy v. Norfolk & Carolina Railroad
Supreme Court of Virginia
Error to a judgment of the Court of Law and Chancery of the city of Norfolk, rendered May 15, 1899, in an action of trespass-on the case, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. Nathan McCoy, a brakeman on the Norfolk and Carolina railroad, was injured January 17, 1898. At the time of his-injury he was a brakeman on a train of flat cars provided with Janney automatic couplers.
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Error to a judgment of the Court of Law and Chancery of the city of Norfolk, rendered May 15, 1899, in an action of trespass-on the case, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant. Nathan McCoy, a brakeman on the Norfolk and Carolina railroad, was injured January 17, 1898. At the time of his-injury he was a brakeman on a train of flat cars provided with Janney automatic couplers. Before starting on the trip, the train was inspected by the company’s inspector, and all of the couplings found to be in apparently good order, and this fact was…
1Opinion of the CourtBuchanan, J.
This action was brought by the plaintiff in error to recover damages for injuries received by him whilst in the service of the defendant company as a brakeman on one of its freight trains. The declaration contains three counts, each of which was demurred to. The court held the first count to be good, and sustained the demurrer to the other counts, which are substantially alike in -all material respects, upon the ground that each of them showed upon its face that the act of a fellow-servant was the proximate cause of the injury complained of.
If it were conceded that those counts were good, and…
2Cases cited3 opinions
- Norfolk & Western R. v. AmpeySupreme Court of Virginia · 1896
- Norfolk & Western Railroad v. BrownSupreme Court of Virginia · 1895
- Childress' Adm'x v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1897
3Cited by3 opinions
- Ray v. Pecos & Northern Texas Railway Co.Court of Appeals of Texas · 1905
- Pettyjohn v. National Exchange BankSupreme Court of Virginia · 1903
- Stout v. BartholomewSupreme Court of Virginia · 2001