Farley's Administrator v. R. & D. R. R.

Citations

• 81 Va. 783
• 1886 Va. LEXIS 143

Syllabus

<p>1. Practice at Law—Demurrer to evidence.—By demurrer to evidence demurrant admits truth of demurree’s evidence and proper conclusions therefrom, and waives his own conflicting with, or tending to make a ease different from, demurree’s. Rudd’s Administrator v. R. & D. R. R. Co., 80 Va. 546.</p> <p>2. Negligent Injuries—Contributory negligence.—Compensation is not recoverable for injuries by defendant’s mere negligence, where plaintiff by his own ordinary negligence contributed, so that, but for such contribution, the injury would not have happened; unless the direct cause is defendant’s omission (after knowing plaintiff’s negligence) to use proper care to prevent its consequence. R. & D. R. R. Co. v. Anderson, 31 Gratt. 812.</p> <p>3. Idem—Case at bar.—Plaintiff’s intestate was discovered on defendant’s railroad track, at a distance of 150 yards, by the engineer of its freight train, which was running at allowable speed of thirty-five miles an hour, and the engineer did all that was possible to be done to stop the train, but was unable to stop it in time to prevent collision with the intestate, who was thereby knocked off the track and killed.</p> <p>Held :</p> <p>The plaintiff, upon his own showing, is not entitled to recover compensation.</p>