Norfolk & Western R. R. v. Marshall's Adm'r

Citations

• 90 Va. 836
• 20 S.E. 823
• 1894 Va. LEXIS 78

Syllabus

<p>Carriers — Act of God — Liability—Case at bar. — By the bursting of a water spout water accumulated at a fill in railroad track in a larger quantity than could he carried off by the stone culvert built there thirty-five years before and always regai’ded as safe, 'causing a washout and break in the track, into which, during a dark, stormy night, the engine and some of the cars of a passenger train were precipitated, without any negligence on the part of the carrier, and thereby a passenger came to his death : Held : Carrier was not liable for the injury.</p>