Southern Railway Co. v. Daves

Citations

• 108 Va. 378
• 61 S.E. 748
• 1908 Va. LEXIS 43

Syllabus

<p>Absent, Keith, 3?.</p> <p>1. Instructions — Refusal—Jury Fully Instructed. — It is not error to refuse instructions tendered on a proposition covered by other correct instructions already given.</p> <p>2. Railroads — Grade Grossing — Persons Approaching — Infants—Presumption. — A railroad company cannot be held liable for the failure of its engineer to anticipate that a person, whether infant or adult, approaching a crossing is going to step upon the track immediately in front of a moving engine, unless there is something to suggest to the engineer that such person does not intend to remain in a place of safety until the train has passed.</p> <p>3. Railroads — Baching-—Lookout—negligence—Oase at Bar. — Whether or not it is negligence to run an engine or train of ears backwards without someone on the tender or foremost car to signal its approach to persons who may be on the track generally depends on the facts of the particular ease, and is a question of fact for the jury. In the case at bar the absence of such a lookout was not negligence per' se.</p> <p>4. Railroads — Injury at Grade Grossing — Failure to Give Signals — • Proximate Cause. — The failure of the engineer to ring the bell and sound the whistle of his engine when approaching a grade crossing does not entitle one injured at such crossing to recover of the railroad company unless such failure was the proximate cause of the injury.</p>