Bernard v. R., F. & P. Railroad

Citations

• 85 Va. 792
• 8 S.E. 785
• 1889 Va. LEXIS 92

Syllabus

<p>1. Railroads&emdash;Fires&emdash;Negligence&emdash;Burden of proof.&emdash;Railroad company, having the right to run its engines, propelled by steam, generated by fire, on its railroad track, is not liable for damages accruing in the exercise of its legal rights, unless such damages are caused by the company’s negligence, the burden of proving the negligence being on the plaintiff.</p> <p>2. Idem&emdash;Case at bar.&emdash;In action against railroad company for damages by fire, experts testified that the engine was new, of the best make, and with the best appliances, and the spark-arrester the best in use. It was also proved that there were no combustible substances on the right of way, and that the fire did not start thereon, but on adjoining land ;</p> <p>Held :</p> <p>Plaintiff was not entitled to recover.</p> <p>3. Common Law Practice&emdash;Instructions.&emdash;Where verdict could not have been different had the instructions that were refused been given, a new trial will be denied.</p>