Rangeley's Adm'r v. Southern Railway Co.

Citations

• 95 Va. 715
• 30 S.E. 386
• 1898 Va. LEXIS 41

Syllabus

<p>1. Raileoads—Public Crossings—Gates—Duty of Traveller.—A traveller approaching a railway crossing where gates or other devices-are used for the purpose of warning travellers of approaching trains must use that degree of care which an ordinarily prudent, person would use under like circumstances before going on the-track. While the same degree of care is not required as at crossings where no such devices are used, still he must use his senses to ascertain whether or not a train is approaching. He cannot rely entirely on an open gate as a guaranty of safety.</p> <p>2. Raileoads—Persons on Trade—Approaching Train—Presumption— Liability of Company.—A railroad company has the right to assume: that a grown person seen on or near its track will get out of the way of an approaching train, and if he fails to do so and is injured, the company is not liable unless it is shown that after the company, by the exercise of ordinary care, could have discovered, that he was not going to get off the track, it could have avoided, the injury.</p> <p>3. Iksteuctiohs—Assuming Pacts—When Harmless Error—Case at Bar— Contributory Negligence.—Although an instruction assumes as a fact a question which should, have been left to- the jury, the verdict will not be set aside for that reason, when it appears that it was impossible for the party objecting to the verdict to have been prejudiced thereby. In the case at bar, the evidence shows that the plaintiff was guilty of such' contributory negligence as to deprive him of the right of recovery.</p>