Richmond & Danville R. R. v. Anderson's

Citations

• 31 Va. 812

Syllabus

<p>1. The plaintiff, in an action for negligence, cannot succeed if it is found by the jury that he has been guilty of any negligence or want of ordinary care which contributed to cause the accident.</p> <p>2. But though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff’s negligence will not excuse him.</p> <p>3. On a demurrer to evidence, the demurrant must be considered as admitting the truth of his adversary’s evidence, and all just inferences which can be drawn therefrom by a jury, and as waiving all of his own evidence which conflicts with that of his adversary, and all inferences, it would seem, from his own evidence (though not in conflict with his adversary’s) which do not necessarily result therefrom.</p> <p>4. For circumstances under which a railroad company will not be held liable for the killing, by o.ne of its trains, of a person on its track, see opinion of Burks, J.</p>