Harris' Adm'r v. N. & W. R. R.

Citations

• 88 Va. 560
• 14 S.E. 535
• 1892 Va. LEXIS 8

Syllabus

<p>1. Iíailroad Companies— Orders — Disobedience—fíaae. at bar. — In action for damages for killing plaintiff's intestate in a collision of trains alleged to have been caused by misleading orders, where defendant demurred to the evidence;</p> <p>Held :</p> <p>íu view of the general rules and regulations, the orders in question, and all the evidence adduced hy the plaintiff, subject to the most rigid application of the rules applicable to demurrers to the evidence, it is plain that the defendant company was guilty of no negligence connected remotely or directly with the death of the plaintiff’s intestate, which was due solely to the joint gross negligence, oversight and disobedience of its orders by the conductor and the deceased, who was engine-man on his train.</p> <p>2. Practice at Law — Waiver.—Amending declaration, a demurrer to which lias been sustained, and going into trial, waive exception to the ruling of the court.</p>