The term "common carrier" as used in §§ 8.01-57 to 8.01-60 shall include the receivers or other persons or corporations charged with the duty of the management or operation of the business of a common carrier by railroad; but shall not include persons, firms or corporations owning or operating railroads when such railroads are primarily and chiefly used as incidental to the operation of coal, gypsum or iron mines or saw mills, nor shall it apply to any railroad owned or operated by any county.
§ 8.01-61.Definition of "common carrier" as used in article.
Chapter 3. Actions · Article 6. Injuries to Railroad Employees · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-61 defines “common carrier” for purposes of Article 6’s railroad employee provisions to include receivers and others managing a railroad common carrier’s business, while excluding railroads used chiefly as an incident to mining or sawmill operations and any railroad owned or operated by a county.
Full Text of § 8.01-61
Plain-English Summary
Section 8.01-61 supplies the definition that gives §§ 8.01-57 through 8.01-60 their reach. As used in those sections, “common carrier” includes not just the railroad company itself but also receivers or other persons or corporations charged with managing or operating the business of a common carrier by railroad — so a railroad in receivership, or run by some other operator, does not escape the employee-protective statutes on a technicality.
The definition also excludes two categories. It does not include persons, firms, or corporations that own or operate a railroad when that railroad is used primarily and chiefly as incidental to running coal, gypsum, or iron mines, or sawmills — private industrial rail lines fall outside the article. Nor does it apply to any railroad owned or operated by a county.
Frequently Asked Questions
Who counts as a “common carrier” under Virginia’s railroad employee injury statutes?
Section 8.01-61 says the term includes the railroad company along with any receivers or other persons or corporations charged with managing or operating a common carrier railroad’s business.
Does a private industrial rail line, like one serving a mine, count as a common carrier here?
No. The definition excludes railroads owned or operated primarily and chiefly as incidental to operating coal, gypsum, or iron mines or sawmills.
Are county-owned railroads covered by §§ 8.01-57 through 8.01-60?
No. The definition specifically excludes any railroad owned or operated by a county.
Does putting a railroad into receivership avoid liability under § 8.01-57?
No. The definition specifically includes receivers or other persons or corporations charged with managing or operating the railroad common carrier’s business, so receivership does not remove the railroad from the article’s coverage.
Which sections does this definition apply to?
The definition governs how “common carrier” is read throughout §§ 8.01-57 to 8.01-60 — the liability, comparative-fault, assumption-of-risk, and anti-exemption provisions for railroad employees.
Amendment History
Code 1950, § 8-645; 1954, c. 614; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: common carrier definition virginia railroad law8.01-61 virginia coderailroad receiver liability virginiacounty railroad exclusion virginiamine railroad common carrier exception