N. Y., P. & N. R. R. v. Cooper

Citations

• 85 Va. 939
• 9 S.E. 321
• 1889 Va. LEXIS 109

Syllabus

<p>1. Negligent Injuries—Concurrent negligence.—Where, by the concurrent negligence of carrier and third person, passenger is injured, the negligence of former cannot be attributed to passenger so as to prevent him from recovering damages of third person.</p> <p>2. Idem—Instructions.—At trial of suit by passenger against carrier and third person, the court instructed the jury that if the injury was caused by the negligence of both defendants, the jury should find against both, but if by that of one, they should find against him, and refused to instruct that extraordinary care was required of carrier, and only ordinary care of third person ;</p> <p>Held:</p> <p>No error as against third person.</p> <p>3. Idem—Case at bar.—On a dark night, in a strong gale and flood tide, a tug, towing a barge laden with freight cars, left its wharf, when the lights of both slips of a ferry-boat not far off, whose course crossed the tug’s and was known to it, showed its departure and destination. The tug’s lights, except the stern light and a lantern on the cars, were hid to the ferry-boat, while its lights were thrown from its windows, and its port ligh.t was visible to the tug. The tug, attempting to cross the bows of the ferry-boat, relying on the signal whistle, the bar-ge and the ferryboat collided, killing plaintiff’s intestate, a passenger on the latter;</p> <p>Held :</p> <p>The navigators of the tug were guilty of negligence.</p>