Alexandria & F. R. R. v. Herndon

Citations

• 87 Va. 193
• 12 S.E. 289
• 1890 Va. LEXIS 109

Syllabus

<p>1. Practice at Common Law.—Declaration—Variance—Amendments.—At trial, in case of variance between declaration and evidence, the court may allow the former to be amended by striking out immaterial words without remanding case to rules. Code, sec. 3884.</p> <p>2. Negligent Injuries—Unusual stopping-place—Evidence.—Testimony as to what had been the stopping-place at that station is admissible in an action for personal injuries, when defendant contends that plaintiff was injured whilst alighting from its train before it reached its usual stopping-place, while in motion, and the plaintiff denies such contention.</p> <p>3. Idem—Instructions—Case at bar.—The accident occurred at night, during a snow storm. It was intensely dark, and the platforms of the cars • were coveied with snow. Plaintiff, a female, was unattended and encumbered with heavy clothing and packages. There was no platform at the station, and defendant’s servants offered her no assistance. The court instructed the jury that if there was no platform or other proper landing at the stopping-place, 0 and defendant’s servants rendered plaintiff no assistance, and if, for want of such landing and assistance, plaintiff was injured, without fault on her part, she should recover; held, no error.</p> <p>4. Idem— Case at bar.—There being evidence before the jury that there were no lights at the stopping-place, and the court charged that if the accident was caused b> the defendant company’s failing to light the place, it was liable for damages; held, no error.</p>