Richmond Railway & Electric Co. v. Hudgins

Citations

• 100 Va. 409
• 41 S.E. 736
• 1902 Va. LEXIS 39

Syllabus

<p>1. Negligence&emdash;When Presumed.&emdash;A presumption of negligence from the simple occurrence of an accident arises where the accident proceeds from an act of such a character that, when due care is taken in its performance, no injury ordinarily ensues from it in similar eases; or where it is caused by the mismanagement or misconstruction of a thing oyer which the defendant has immediate control, or for the management or construction of which he is responsible. In the case at bar, the plaintiff in error was held liable for an injury on defendant in error while he was attempting to hold his horse, which was frightened by the loud noise an'd smoke arising from the machinery of an electric car of plaintiff in error, which noise and smoke were shown not to be incident to the ordinary operation of such cars, and were not shown by the plaintiff in error to have been without its negligence.</p> <p>2. Instructions&emdash;Opinion on Weight of Evidence.&emdash;In the absence of any evidence from which a jury might find the existence of a fact, it is not error for the trial judge to express the opinion that there was no evidence of such fact.</p> <p>3. Negligence&emdash;Sudden. Emergency&emdash;Defendant’s Fault.&emdash;One may not, by his own negligence or want of proper care, place another in a situation, and, when sued for injuries resulting therefrom, put the burden on the plaintiff of showing that he acted with reasonable care. Persons in great peril are not required to exercise the of mind required of prudent men under ordinary circumstances.</p>