Tyler v. Kelley's Adm'r

Citations

• 89 Va. 282
• 15 S.E. 509
• 1892 Va. LEXIS 95

Syllabus

<p>1. Railroads—Trespassers—Fits—Contributory negligence—Case at bar.— Plaintiff’s intestate, subject to epileptic fits, attempted to cross railway at a point beyond a street crossing, where there was a ditch four-feet deep, and where crossing was forbidden. In so doing he -was seized with a fit and fell on the track, and was killed by a freight train, backing slowly, with bell ringing.</p> <p>Held :</p> <p>Deceased was guilty of contributory negligence, and also a trespasser ; and verdict for his administrator should be set aside.</p> <p>2. Declaration—Demurrer.—It was proper to have overruled demurrer to declaration grounded on the statement that the place of the accident was “ at, near, or upon the crossing.”</p>