Purcell v. Washington & Old Dominion Railway, Inc.

Citations

• 132 Va. 325
• 111 S.E. 300
• 1922 Va. LEXIS 27

Syllabus

<p>1. Crossings—Negligence of Railroad—Failure to Give Warnings. ■—In an action for personal injuries sustained by plaintiff in a collision at a railroad crossing, a count of the declaration which alleged that defendant railroad negligently failed to sound a bell, blow a whistle, or give any warning of its approach or keep a careful lookout for the crossing, showed actionable negligence on the part of the defendant.</p> <p>2. Crossings—Contributory Negligence—Failure to Listen—Case at Bar.—In an action for personal injuries sustained in a collision between plaintiff’s buggy and an engine of defendant railroad at a crossing, a count of the declaration alleged that plaintiff slowed down and listened for the train at a point 150 yards from the crossing, that being the last point at which plaintiff could have seen the train before his horse was upon the track, and then drove straight ahead without further precaution. The count also alleged that it would have been futile for the plaintiff to get out of the vehicle and go ahead to look for the train.</p> <p>Held: That the count showed contributory negligence on the part of the plaintiff. Although he could not effectively look after passing that point, he ought to have continued to listen.</p> <p>3. Declaration—Counts—One Count Aided by Another.—In order that the allegations of one count of a declaration may be aided by the allegations of another, they must be referred to or made part of the first count.</p> <p>4. Crossings—Last Clear Chance—Declaration.-—In an action for personal injuries sustained in a collision at a crossing, a count in plaintiff’s declaration alleged that after defendant discovered, or by the use of ordinary care could have discovered, plaintiff’s peril and avoided the accident, it failed to stop or control its train and thereby collided with and destroyed plaintiff’s buggy and seriously injured plaintiff.</p> <p>Held,: That this count of the declaration made a good case for recovery on the doctrine of