Marks' Adm'r v. Petersburg Railroad

Citations

• 88 Va. 1
• 13 S.E. 299
• 1891 Va. LEXIS 1

Syllabus

<p>1. Railroad Companies — Crossings — Reciprocal Duties — Contributory Negligence — Exceptions.-—-Where train is backed over crossing or frequented street, company must keep a look-out on leading car. But traveler approaching crossing must vigilantly use his eyes and ears and look in every direction to make sure crossing is safe. Failure so to do is contributory negligence, except where view of track is obstructed, or where party injured is passenger going to or from train, or where direct act of company’s agent induced traveler to cross without precaution; or where company, after discovering his negligence, fails to use due care to avert its consequences.</p> <p>2. Idem — Case at bar. — Plaintiff’s intestate, a one-eyed woman fifty-three years old, reached within four feet of railroad track at crossing over frequented street and stopped on walkway to wait till freight train passed. It passed her, but stopped before its rear car had got half-way across the street, which was less than sixty feet wide. Brakeman at switch fifteen feet distant signalled engineer with hand and voice to back. Train moved slowly back, having no out-look on leading car. In mean time intestate remained on walkway between brakeman and train, in unobstructed view of both. When train had reached within two or three steps of her she started across the track, was run over and killed—</p> <p>Held :</p> <p>Company was guilty of negligence, hut intestate’s own negligence was the proximate cause of the injury, and plaintiff cannot recover.</p>