Binns v. Richmond & Danville R. R.

Citations

• 88 Va. 891
• 14 S.E. 701
• 1892 Va. LEXIS 43

Syllabus

<p>Negligent Injuries—Actus Dei.—In action against railroad company for alleged negligent killing of plaintiff’s intestate, an engine-man in discharge of his duty, it was proved that the defendant exercised not only ordinary but extraordinary care to maintain a safe road-bed at place of accident, the place having been twice inspected that morning, and found safe, but a sudden fall of rain softened the already-saturated earth, and the engine sank, turned over, and killed the intestate;</p> <p>Held :</p> <p>Defendant was not liable, as the sudden rain, rendering the road-bed • unsafe, was an unavoidable occurrence.</p>