Richmond & Danville R. R. v. Moore's Adm'r.

Citations

• 78 Va. 93
• 1883 Va. LEXIS 15

Syllabus

<p>1. Practice at Common Law-Demurrer to evidence-Rule in Virginia. Either party may demur, unless case be clearly against party offering, or court doubts what facts should be reasonably inferred from the evidence demurred to; all the evidence on both sides is put into the demurrer ; demurrant admits all that could be réasonabfy inferred by a jury from demurree’s evidence, and waives all his evidence which contradicts demurree’s, or the credit whereof is impeached, and all inferences from his own evidence which do not necessarily flow from it.</p> <p>2. Railroad Companies-Negligence-Contributory-Case at bar.-M was on 24th December, 1879, conductor of freight train on R. & D. R. R., running from Greensboro’ to Richmond. A car was taken into train during the night at Burkeville, the handle of the ladder whereof had been broken off long enough for the fracture to appear weather-worn. Next morning at Powhatan station, M, attempting to descend this ladder, face towards it, caught at, and would have caught the handle, had it been in its place, but fell and was killed. Conflict in evidence as to whether M was drunk, and negligent or otherwise. In suit by personal representative of M for damages, defendant demurred to the evidence. On error-</p> <p>Held (by a majority of the court&emdash;Lewis, P., and Hinton, f., dissenting) :</p> <p>1. Defendant was guilty of negligence in permitting the car ladder to remain out of order, which negligence caused M’s death, and renders defendant liable for damages.</p> <p>2. Under the rule governing demurrers to evidence, M contributed in in no way to the accident by his own misconduct.</p>