Reed v. Axtell & Myers

Citations

• 84 Va. 231
• 4 S.E. 587
• 1887 Va. LEXIS 28

Syllabus

<p>1. Receivers—Suits against—Leave of court.—A receiver cannot be sued elsewhere than in the court by which he was appointed, without leave, which rests in the court’s discretion. Nor is this rule altered by the constitutional right to sue in the federal courts in certain cases. Melendy v. Barbour, 78 Va., 544.</p> <p>2. Practice in Chancery—Issue out of—Verdict.—-Court of chancery which has directed an issue to be tried, may set aside or approve the verdict.</p> <p>3. Railroad Companies—Passenger—Unsafe golatforms— Contributory negligence—Case at bar.—Passenger upon alighting at the station, was shown by lamp-light up steps of platform into reception room, where a light was. The hour was late, and no other trains were to pass that night. After being shown into reception room, she declined offer of employee to conduct her to a hotel near by, preferring, as she said, to spend residue of night at the depot- And while depot lamp was being trimmed in her presence, she walked out upon platform, and without the precaution of ascertaining whether she could do so safely, turned at right angles and walked in the dark to the end of the platform, where she fell off and was injured:</p> <p>Held:</p> <p>She was guilty of contributory negligence, and cannot recover.</p> <p>4. Idem—Duty.—It is undoubtedly the duty of railroad companies to keep its stations and premises in such safe condition as that its passengers, in the exercise of ordinary care, can get upon, or leave the same, or go wherever they are expressly, or impliedly, invited to go thereon, without injury.</p>