Cheasapeake & Ohio Railway Co. v. Wills

Citations

• 111 Va. 32
• 68 S.E. 395
• 1910 Va. LEXIS 2

Syllabus

<p>1 Cabecees—Injury to Passenger—Alighting from, Moving Train— Proximate Cause.—Although a railroad company may have been negligent in causing a passenger to enter the wrong train, and be responsible to him for whatever loss or damage he sustained which could have been reasonably expected to result from such negligence, if the passenger, upon his own responsibility and without the knowledge of the company of his situation, steps from the train while it is in motion and is thrown under it and injured, he cannot recover damages from the railroad company for the injury so inflicted, as his own conduct was the proximate cause of the injury complained of, even though the train was moving very slowly, and a person of ordinary care and prudence would not have apprehended any danger from alighting under like circumstances. For a discussion of what constitutes proximate cause, see opinion of Keith, P.</p> <p>2. Appeal and Ebkoe—Demurrer Overruled to Original and Amended Declarations—Reversal—Final Judgment for Defendant.—Where a demurrer to ia declaration has been overruled, and the plaintiff, of his own motion, has filed an amended declaration to which a demurrer was also overruled by the trial court, it will be presumed that the plaintiff has stated his case as strongly as the facts would warrant, and this court, upon sustaining the defendant’s demurrer to both declarations, will enter'up final judgment for the defendant.</p>