Richmond & Danville R. R. v. Scott

Citations

• 88 Va. 958
• 16 L.R.A. 91
• 14 S.E. 763
• 1892 Va. LEXIS 56

Syllabus

<p>1. Declaration — Demurrer—Contributory negligence. — Third count in declaration sets forth that plaintiff put his hand three inches out of the car window, and it struck against the bridge through which the train was passing;</p> <p>Held :</p> <p>Insufficient on demurrer.</p> <p>2. Idem— Insufficient as to one count — Effect.—Where one of three counts was bad, and demurrer thereto was overruled, and there is a verdict which may have been on that count;</p> <p>Held :</p> <p>The verdict should be set aside.</p> <p>3. Contributory Ne&ligence— Case at bar.- — Protrusion by passenger of his limb out of the car window, to any extent whatever, is such contributory negligence as will bar recovery for injury thereto.</p>