Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Railroad-Miscellaneous. For more information on railroads see the pages on Wikipedia.  

Railroad-Miscellaneous-Statutes

See Va. Code § 56-354 stating that conductors and others are conservators of peace.

See Va. Code § 56-431 as to when company is not liable for injury on enclosed track.

See Va. Code § 56-432 establishing form of strict liability as to injury occurring on track not enclosed.

Railroad-Miscellaneous-Cases

1984 Norfolk & W. Ry. v. Baker, 226 Va. 527, 311 S.E.2d 766.

Plaintiff injured when sliding door of railroad car left its track and fell on him. Although there was duty to inspect, court held that there was no evidence of violation of that duty.

1978 Southern States Coop. v. Norfolk & W. Ry., 219 Va. 191, 247 S.E.2d 461.

Freight door fell on employee of consignee. Consignee had lease agreement with defendant, which provided for consignee to indemnify or exempt defendant for liability for personal injuries occurring on leased premises by defendant’s negligence. When acting as common carrier, defendant could not avail itself of provision per Va. Code § 56-119.

1978 Norfolk & W. Ry. v. Chrisman, 219 Va. 184, 247 S.E.2d 457.

Duty of railway carrier varies depending upon whether company is sought to be held liable as initial, intermediate, or delivering carrier. Evidence established that defect in freight car door which fell on plaintiff was fairly obvious, preexisted accident, and was reasonably discoverable by properly thorough inspection.

1966 Norfolk & W. Ry. v. Anderson, 207 Va. 567, 151 S.E.2d 628.

Plaintiff’s tomato crop allegedly destroyed by chemical poison sprayed by defendant to kill brush. Defendant claimed damage caused by blight and not by spray. Res ipsa loquitur not applicable.

1963 Baltimore & O.R.R. v. Patterson, 204 Va. 81, 129 S.E.2d 1.

Train derailed because of child operating switch. Act of child was intervening cause.

1959 Peck Iron Co. v. Seaboard, 200 Va. 698, 107 S.E.2d 421.

Under Featherstone Act, Va. Code § 56-428, railroads are liable for damage from fires set by their engines or trains without showing of negligence.

1947 Danville Community Hosp. v. Thompson, 186 Va. 746, 43 S.E.2d 882.

Res ipsa loquitur applies in railroad derailment cases.

1944 Bly v. Southern Ry., 183 Va. 162, 31 S.E.2d 564.

Railroad-miscellaneous.Absence of walkway on train bridge where trainmen are required to walk, and to alight from and board, although this absence of walkway may be usual and customary in trade, that in itself not conclusive of absence of negligence.