Interstate Railroad v. Tyree

Citations

• 110 Va. 38
• 65 S.E. 500
• 1909 Va. LEXIS 114

Syllabus

<p>1. Pleading&emdash;Contributory Negligence&emdash;Matter of Defense&emdash;Negligence Per iSe&emdash;Case at Bar.&emdash;Contributory negligence is a of defense which, the plaintiff need not negative either by his pleadings or proofs, but which the defendant must establish by a preponderance of the evidence, unless it appears from the plaintiff’s own evidence. It is not to be reasonably inferred that a brakeman was guilty of negligence per se from the mere fact that his foot, ankle and leg were caught and crushed between cars while he was engaged in coupling them.</p> <p>2. Pleading&emdash;Declaration&emdash;Sufficiency&emdash;Demurrer&emdash;Bill oj Particulars. If a declaration states a good cause of action (as it does in the case at bar) and the defendant desires a more particular of the grounds of complaint, his remedy is not by a to the declaration, but by a motion for a bill of under section 3249 of the Code.</p> <p>3. Evidence&emdash;Allegation of. Main Facts of Negligence&emdash;Proof of Facts.&emdash;Where the primary or main facts constituting the negligence complained of have been sufficiently alleged in the declaration, all merely subordinate and consequential facts that can be reasonably implied by its averments are admissible in to sustain the principal facts, although not stated in the declaration.</p> <p>4. Appeal and Errok&emdash;Verdict Sustained by Evidence.&emdash;The evidence in the case at bar, considered as on a demurrer to the sustains the findings of the jury, and their verdict cannot be disturbed by this count.</p>