Tyler v. Sites

Citations

• 90 Va. 539
• 19 S.E. 174
• 1894 Va. LEXIS 19

Syllabus

<p>1. Railkoads — Trespassers—Injuries—Deaf mute. — Persons in charge of a train have the right to assume that one walking on the track will get off before train reaches him; and the company is not liable for the death of a deaf mute who was walking on the track with his head bent down without looking for a train, and was struck by a train and killed.</p> <p>2. Idem — Opinion—Evidence.—Question to witness in action for killing one walking on railroad track as to whether there was enough in deceased’s appearance to indicate to the engineer that he was in possession of his faculties, held, inadmissible as asking for witness’ opinion on a fact which it is the province of the jury to determine from the facts testified to.</p>