Richmond & Danville R. R. v. Noell

Citations

• 86 Va. 19
• 9 S.E. 473
• 1889 Va. LEXIS 2

Syllabus

<p>1., Railroads—Obstructing streets—Damages—Proof.—Obstruction of streets by a railroad company, unless the train is standing to load or unload passengers, and unless a passway is left open, is unlawful (Acts 1883-84, p. 499); and the company is liable to tine and for such damages as may be caused thereby to-any person. Code, sec. 2900. But these damages must be proved, not inferred.</p> <p>2. Idem—Killing stock—Instructions.—Instruction that the stock reached the obstructed crossing without the negligence of the plaintiffs, then if the obstruction turned, or caused the stock to turn, up the railroad track and were killed by a passing train, then the jury shall find for the plaintiffs, is erroneous, in assuming as a matter of inference that the injury was caused by the obstruction. ■</p> <p>3. Idem—Gross negligence—Instructions.—-Such company is liable for ordinary negligence towards stock on its track without default of the owner, and the omission of the word “ gross ” before the word “ negligence ” in an instruction in such a case is not error. Trout v. Va. & Tenn. R. R. Co. 23 Gratt., 619.</p> <p>4. Courts—Juries—Weight of evidence.—When the evidence is parol, any opinion of the court as to the weight, effect or sufficiency thereof, and any assumption of a fact as proved, is an invasion of the province of the jury. Cornett v. Rhudy, 80 Va., 710.</p>