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

Citations

• 88 Va. 310
• 13 S.E. 432
• 1891 Va. LEXIS 34

Syllabus

<p>1. Railroad Crossings — Contributory negligence. — When traveler approaches a crossing, he must vigilantly use his eyes and ears, and look in every direction to .make sure of avoiding collision with some passing train. Failure to employ such vigilance is contributory negligence.</p> <p>' 2. Idem — Case at bar. — Boy of thirteen years, acquainted with a railroad crossing at which, by reason of a deep cut, a train was not visible until one was on the track, .though just informed at the post-office that the train was late and might reach the crossing about when he did, yet drives upon the crossing with bis ears wrapped up in a comfort on account of the cold;</p> <p>■ Held :</p> <p>Guilty of such contributory negligence as barred the recovery of damages for his death, though the train was running more rapidly than usual and no signal was given of its approach.</p>