Shenandoah Valley Railroad v. Moose

Citations

• 83 Va. 827
• 3 S.E. 796
• 1887 Va. LEXIS 128

Syllabus

<p>1. Railroad Company—Infirm passengers—Negligent injuries—Instructions.—Passenger afflicted with rheumatism was thrown from his seat by a collision of trains, and his thigh-bone broken. In action for damages company’s counsel asked that the jury be instructed that, though they believed the plaintiff was injured as complained of, yet he cannot recover if they believed that he was in such an infirm state as would have prevented a prudent man from taking the risk of travel, and but for which state he would not have received the injury.</p> <p>Held :</p> <p>The instruction was properly refused, because inconsistent with both the evidence and the law.</p> <p>2. Idem—Irrelevant instructions—Case at bar.—It is not erroneous to refuse to give instructions that are abstract and irrelevant to the evidence, and hence misleading, such as the second and third asked for by the defendant in the case at bar.</p> <p>3. Appellate Court—Variances—Objections.—It is too late to make objections here for the first time to a variance between the allegations and the proof.</p>