Acts of 1901-02, p. 601, Acts of 1902-'03-'04, pp. 137, 143, Acts of 1902-'03-'04, p. 626, 865, 877 865, 878, 879 245, 246, 263, 264, 265, 266, 267 246, 252, 253, 254, 263, 265, 266, 267, 268 Cases Explained, Criticised or Overruled. 91 VA. TO 105 VA. VOL. PAGE. Alexandria, &c., R. Co. v. Alexandria, &c., R. Co., 75 Va. Bailey v. Poindexter, 14 Gratt. 132, Balt. & Ohio R. Co. v. Sherman's Admr., 30 Gratt. 602, Davis v. City of Lynchburg, 84 Va. 861, Grubbs v. Nat. Life Maturity Ins. Co., 94 Va. 589, Heckley v. Union Bank of Winchester, 79 Va. 453, McClanahan v. Western Lunatic Asylum, 88 Va. 466, . Trevilian v. Powell, Quarterly Law Journal (1856), Ward v. Reasor, 98 Va. 399, West. U. Tel. Co. v. City of Richmond, 26 Gratt. 1, CASES DECIDED IN THE SUPREME COURT OF APPEALS OF VIRGINIA Richmond. FEWELL V. SOUTHERN RAILWAY COMPANY. February 2, 1906. 1. RAILROADS-Negligence-Injury to Servant-Defective ApplianceSelection by Servant.-A depot hand injured in consequence of a defect in a board provided by a railroad company over which he has to run a truck in removing freight from a car to the platform cannot recover of the company, where it appears that he was one of a gang of hands engaged in such trucking, and that it was his duty, or the duty of one of his fellow servants, to select the board and put it in place, that an abundant supply of good boards were always kept on hand by the company, readily accessible to the truckmen for whose use they were intended, that there was a supply of such good boards at hand on the morning of the accident, and that the injury complained of was due to the negligence of the plaintiff, or of his fellow servants, in selecting for their use a defective board. Error to a judgment of the Corporation Court of the city of Alexandria, in an action of trespass on the case. Judgment for the defendant. Plaintiff assigns error. VOL. CV-1 Affirmed. |