Richmond & Danville R. R. v. Moffett

Citations

• 88 Va. 785
• 14 S.E. 370
• 1892 Va. LEXIS 32

Syllabus

<p>1. Negligent Injuries—Essentials 1o recovery.—In actions against, railroad companies for injuries, it is essential to prove, first, that the plaintiff was injured, and secondly, that the injury resulted from the company’s negligence.</p> <p>2. Idem—Case at bar.—In such an action, plaintiff' ivas a passenger on defendant’s train that broke through in crossing a trestle. The sleeper whereon plaintiff was, dipped over the break at an angle of forty-five degrees, hut so gently as not even to break or put out the lamps in the cars. Plaintiff was sleeping when the break occurred, and on leaving the car, said he was uninjured and declined medical services. Weeks later, he became sick. The physicians disagreed as to the nature of his ailment, his testifying that it was spinal meningitis, the defendant’s that it was malaria. At. the trial he was well;</p> <p>Held :</p> <p>No injury to plaintiff or negligence of defendant was established, for which a recovery could he had.</p>