Tucker's Adm'r v. Norfolk & Western Railroad

Citations

• 92 Va. 549
• 24 S.E. 229
• 1896 Va. LEXIS 17

Syllabus

<p>1. Railroads&emdash;Personal Injury&emdash;Contributory Negligence&emdash;Proximate Cause &emdash;Notice&emdash;Belief&emdash;Care.&emdash;In an action against a railroad company for personal injury, the plaintiff should recover notwithstanding his contributory negligence, if the injury of which he complains was proximately caused by the omission of the defendant, after such notice of the plaintiff’s danger as would put a prudent man on his guard, to use ordinary care to avoid the injury. It is not necessary that the defendant should actually know of the plaintiff’s danger. It is enough if he have such notice or belief as would put a prudent man on his guard to avoid the injury, and fails to use such care as a prudent man would use under like circumstances.</p> <p>2. Railroads&emdash; Trespasser &emdash; Foresight &emdash; Protection &emdash; Notice&emdash;Object Near Track&emdash;Duly of Company.&emdash;A railroad company does not owe the duty of foresight to a trespasser on its track. The duty of protection only arises when it has sufficient notice or reason to believe that he is in danger. The fact that the track is straight for a considerable distance and the line of vision unobstructed, and that an object, which is believed to be inanimate, is seen lying near the track, does not impose upon the company the necessity of stopping or reducing the speed of its train before reaching the object, in order to ascertain whether it be an animate or inanimate object. If in the exercise of due care, and keeping a constant lookout, the object is not ascertained to be a human being until too late to avert contact with it, the company is not liable for the consequences of such contact.</p>