Tyler v. Ricamore

Citations

• 87 Va. 466
• 12 S.E. 799
• 1891 Va. LEXIS 95

Syllabus

<p>1. Right of Action—Assignability.—A right of action in pending suit against railroad company for negligent setting fire to plaintiff’s property, may be assigned in whole or in part, and the suit continued to be prosecuted in assignor’s name for benefit of assignee. N. & W. R. R. Co. v. Read, ante, 185; Code, sec. 2860.</p> <p>2. Negligent Burning—Proximate cause—Instruction.—At trial of action for negligent burning, trial court refused to instruct the jury, at instance of defendant, to the effect that, although defendant negligently started the fire, yet if it was carried farther on by a high and unusual wind, breaking the continuity of the fire, then the injury was too remote and plaintiff cannot recover: held, such refusal was no error, but the converse instruction was proper.</p> <p>3. Idem.—At such trial, on plaintiff’s motion, the court instructed the jury (1) that a company using the powerful and dangerous agency of steam has imposed on it the exercise of a reasonable caution and prudence, and a failure to exercise this is negligence; (2) that such company must use the best practicable contrivances in known use to prevent burning private property; that it is the duty of such company to keep its right of way clear of combustible matter; (3) that it is the right of the jury, in making up their verdict, to consider the peculiar circumstances, if any, attending the conflagration and showing negligence: held, no error.</p>