Bashford v. Rosenbaum Hardware Co.

Citations

• 120 Va. 1
• 90 S.E. 625
• 1916 Va. LEXIS 153

Syllabus

<p>1. Municipal Corporations — Streets—Pedestrians—Negligence-Stepping in a Hole. — A person passing along a sidewalk in a city is required to use ordinary and reasonable care and diligence to avoid danger, but what is such ordinary and reasonable care depends upon the circumstances of the particular case, and is a question of fact for the jury. A pedestrian upon such sidewalk may ordinarily assume that the sidewalk is in a reasonably safe condition for travel. He is not bound to keep his eyes constantly fixed on the walk, in search for possible holes or other defects, and one who, in stepping backward to look in an adjacent window, steps into a hole in the walk which has been negligently opened behind him and left exposed, without notice or warning, cannot be said to be guilty of negligence as a matter of law.</p> <p>2. Verdicts — Conflicting Evidence — Negligence—Difference of Opinion of Reasonable Men. — Whether a plaintiff in an action to recover damages for personal injuries has been guilty of contributory negligence is a question for the jury under proper instructions from the court, and their finding will not be disturbed where the evidence is conflicting, or is such that reasonable men might fairly differ as to whether there was such negligence or not. Every reasonable inference should be made in favor of a verdict fairly rendered, under proper instructions from the court, in such a case, and it should not be set aside unless the evidence is plainly insufficient to support it.</p>