Richmond & Danville R. R. v. Morris

Citations

• 31 Va. 200

Syllabus

<p>M took passage in the caboose of a freight train of the R. & D. railroad from W to B, a way station. It was night when the train arrived at B. M had fallen asleep on the way, and when approaching B the conductor awakened him, telling him they were at B. The train went a short distance beyond the freight-house and reception-room without stopping, and when the engine reached the frog on the west side of the freight-house and reception-room, it stopped, and the conductor seeing M still in the caboose asleep, again aroused him. The train stopped about a minute, and M could then have gotten off whilst the train was not in motion. The conductor then went to the other end of the ear, ami looking back saw that M did not get up. He returned, shook M and told him to get up, or get off, he was at B. Immediately after the waking of M the last time, the conductor went out at the end of the caboose with his lantern in his hand and stood on the stationary platform about two and a half feet from the platform of the car ; the train commenced backing, and M got up and walked out to the end of the car and jumped off, not knowing, as he says, which way the car was going; and the caboose ear and several others passed over him, injuring him severely. The point where M jumped off ivas opposite the platform, which extended thirty-five steps west and a much greater distance east of the pump-house, and was that part of the platform at which passengers going east got off; and it w'as in good condition. There was no chain across the end of the platform in rear of the caboose, and it was not customary to have them on such cars. It was a dark, drizzly night, and the only lights at the station were two lanterns, one in the hands of the conductor and the other in the hands of a servant of the company at the station. The train reached the station behind time—Held :</p> <p>1. The company was guilty of culpable negligence, and this negligence was the proximate cause of M’s injury. The conductor sh