N. & W. R. R. v. Carper

Citations

• 88 Va. 556
• 14 S.E. 328
• 1892 Va. LEXIS 7

Syllabus

<p>1. Kailroadh—Towns—Instructions.—Instructions that railroad company must use greater care in running its trains through towns than in less populous districts; that the fact that pedestrians were accustomed to travel on the track at a particular place, in the knowledge of the company or its agent, made it its duty to use greater care in operating its road at that place; and that if the tracks where plaintiff’s intestate was killed had long been used by the public with defendant’s knowledge and acquiescence, then deceased was not on the track as a trespasser, but as a licensee;</p> <p>Held:</p> <p>Proper.</p> <p>2. Idem—Case at- bar.—Upon the evidence disclosed by the record ;•</p> <p>Held:</p> <p>Death of plaintiff’s intestate was caused by his own contributory negligence, and there can be no recovery.</p>