Moore v. City of Richmond

Citations

• 85 Va. 538
• 8 S.E. 387
• 1888 Va. LEXIS 69

Syllabus

<p>1. Practice at Common Law&emdash;Evidence.&emdash;Evidence as to facts wholly collateral to the issue is inadmissible.</p> <p>2. Idem&emdash;Case at bar.&emdash;In action agai.nst a city for injuries from falling into hole in sidewalk;</p> <p>Held:</p> <p>Testimony that plaintiff’s witness fell into same hole same night collateral and inadmissible.</p> <p>3. Idem&emdash;Instructions.&emdash;Instructions that a city is bound to use reasonable care to keep its streets and sidewalks in a safe condition for travel, and that a traveler thereon is bound to use only ordinary care, rightly propound the law.</p> <p>4; Idem:&emdash;Bills of exceptions&emdash;Rule&emdash;Exception.&emdash;The rule that facts stated in one bill of exceptions cannot be noticed by an appellate court in considering another, unless the one refer to the other, cannot apply to a case where the bill of exceptions, containing all the evidence to which reference is made, is taken after all the evidence has been introduced and the trial is over. Perkins v. Hankins, 9 Gratt. 649.</p> <p>5. Idem&emdash;Instructions&emdash;Immaterial, when ?&emdash;Where, upon the evidence certified, the case is clearly with the winning party, the judgment must be affirmed, independently of the instructions given or refused. Colvin v. Menefee, 11 Gratt. 87.</p> <p>6. Idem&emdash;Case at bar.&emdash;The record discloses such gross negligence on part of plaintiff as was held to defeat his action.</p>