Nichols' Adm'r v. W. O. & W. R. R.

Citations

• 83 Va. 99
• 5 S.E. 171
• 1887 Va. LEXIS 43

Syllabus

<p>1. Negligent Injuries&emdash;Liability,&emdash;Where the owner, directly or indirectly, induces persons to enter and pass over his premises, he thereby assumes an obligation that they are in a safe condition and suitable for such use, and if a person be injured by his breach of such obligation the owner is liable therefor in damages.</p> <p>2. Idem&emdash;Case at bar.&emdash;Where the direct and usual path to a railroad company’s depot lies over a switch on which often stand freight cars with an opening left between two of them, so as to leave the path unobstructed, and this path is habitually used by the patrons and employees of the company with the knowledge and without the disapproval of the officials, it may be assumed that the company invites persons having business at the depot to use that path between the cars to go there; and in using it for that purpose, such persons are not guilty pér se of negligence ; and if by a sudden, unsignalled act of the company’s servants, the cars are run together, thereby crushing such a person, the company is liable in damages for the injury.</p>