N. & W. R. R. v. Groseclose's Adm'r

Citations

• 88 Va. 267
• 13 S.E. 454
• 1891 Va. LEXIS 28

Syllabus

<p>1. Negligent Injuries—Children—Parents— Contributory negligence.—Where by railroad company’s negligence a child of tender age and non sui juris is injured, the contributory negligence of its parents is not imputable to t-lie child, whether the action for damages is brought by the child itself or by its personal representative, and the company is liable.</p> <p>2. Idem—Pule under Code, § 3484.—Where the evidence, and not the facts, is certified, and the defendant in such action is the exceptor, any evidence it may have adduced, tending to show contributory negligence on the part of the exceptee and contrary to the exceptee’s evidence, must be rejected.</p> <p>3. Idem—Passengers—Tickets.—The purchase of a ticket before entering a railroad train is not necessary to constitute a person a passenger.</p> <p>4. Idem—Hiridence—Hearsay.—Declarations of mother of injured child passenger immediately after accident, are mere hearsay, and no more binding estate of child than would declarations of a stronger.</p> <p>5. Idem—Case at bar.—Father and mother, with their five children, two under five years of age, the other three under twelve, went to station on defendant’s railroad to take train as passengers. He bought two whole and two half tickets. The train was a local freight train, with caboose for passengers. After it had stopped, and passengers were getting out of caboose, father, with one child, went up the steps into the car, followed by a friend with another. Mother followed, and just as she had gotten up the,steps, without any signal from whistle or bell, but only at a slight wave of the hand from conductor to engineer, the train, with sudden and violent jerk, started backward, the steps of the caboose striking the deceased, a child of tender years, who was standing on the end of the ties, and throwing him under the wheels of the train, and causing his death. Conductor had seen the parties approaching the caboose, with their luggage, but paid no attention to them;</p>