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CHESAPEAKE & O. R. CO. v. CLIFTON FORGE, ETC.

Record No. 750812.

224 S.E.2d 317 (1976)

216 Va. 858

The CHESAPEAKE AND OHIO RAILWAY COMPANY v. CLIFTON FORGE-WAYNESBORO TELEPHONE COMPANY.

Supreme Court of Virginia.

April 23, 1976.

Attorney(s) appearing for the Case

Philip Lee Lotz, Staunton (Lotz, Black, Coleman & Gudal, Staunton, on brief), for plaintiff in error.

Phillip C. Stone, Harrisonburg (W. W. Wharton, Harrisonburg, William Goode, Clifton Forge, Wharton, Aldhizer & Weaver, Harrisonburg, on brief), for defendant in error.

Before I'ANSON, C. J., and HARRISON, HARMAN, POFF and COMPTON, JJ.

HARRISON, Justice.

The question involved in this case is whether an exculpatory clause in an agreement executed by The Chesapeake and Ohio Railway Company and the Clifton Forge-Waynesboro Telephone Company precluded Telephone Company from recovering damages to its property proximately caused by the negligence of C & O. The trial court held that recovery could be had, it being of opinion that the contractual exemption from liability for negligence found in the...

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