Norfolk & A. Terminal Co. v. Rotolo

Citations

• 191 F. 4
• 112 C.C.A. 583
• 1911 U.S. App. LEXIS 4925

Syllabus

<p>1. Carriers (§ 314*) — Action fob Injury to Passenger — Pleading.</p> <p>‘ The declaration in an action against a street railroad company to recover damages for injury to a passenger held sufficient to state a cause of action under tbe rule of pleading in Virginia that the declaration in such cases must contain a statement of the material facts sufficiently specific to advise the defendant of what it is called upon to defend. •</p> <p>[Ed. Note. — For other cases, see Carriers, Dec. Dig. § 314.*]</p> <p>2. Carhiebs (§§ 320, 347*) — Action foe Injury to Passenger — Questions fob Jury. '</p> <p>In an action against a street railroad company for injury to a passenger, the questions of negligence and contributory negligence held prop'erly submitted to the jury on conflicting evidence.</p> <p>[ted. Note. — For other cases, see Carriers, Cent. Dig. §§ 1118-1325, 1346-1397; Dec. Dig. §§ 320, 347.*1</p> <p>3. Carriers (§ 840*) — Action foe Injury to Passenger — Negligence of; Passenger — Doctrine of Last Clear Chance.</p> <p>One intending to become a passenger on an electric street car. who attempts to board the car while in motion, and when the gates are closed, is chargeable with negligence as matter of law, which will bar recovery from the company for an injury received by striking or being struck by another car while so outside the gates, unless, after his peril was apparent, defendant negligently failed to protect him when it was within its power by the exercise of reasonable care to do so.</p> <p>Hid. Note. — For other cases, see Carriers, Cent. Dig. § 1354; Doc. Dig. § 340.*]</p>