Fanshaw v. Norfolk & Portsmouth Traction Co.

Citations

• 108 Va. 300
• 61 S.E. 790
• 1908 Va. LEXIS 34

Syllabus

<p>Absent, Whittle, J.</p> <p>1. Appeal and Error — Two Trials in Lower Court — No Evidence on Second Trial. — Where there have been two trials of an action at law, and the first verdict has been set aside as contrary to the evidence and no evidence introduced on the second trial, the sole question for consideration by the appellate court is whether or not it was error to set aside the verdict at the first trial.</p> <p>2. Street Railways — Negligence—Starting Signal Gwen by Stranger.- — ■ The failure of a street car conductor to have the bell cord of his car at all times under his control so as to render it impossible for a third person to ring the bell and start or stop the ear is not negligence; nor would the conductor be justified in ejecting a passenger who had without authority once rung the bell to start. It would be sufficient in the latter case to warn him not to repeat the offence.</p> <p>3. Street Railways — Negligence—Starting Signal Given by Stranger.— If someone on a street car, not an employee of the street car company, without the knowledge or authority of the conductor, rings the bell and gives the motorman the signal to start, and, in pursuance of such signal, the motorman starts the ear and a passenger who is attempting to get off is thrown to the ground and injured, the company is not liable therefor.</p>