Tyler v. Sites' Adm'r

Citations

• 88 Va. 470
• 13 S.E. 978
• 1891 Va. LEXIS 60

Syllabus

<p>1. Railroads — Trespass es — Company’s duty. — Railroad company is bound to keep a reasonable lookout for trespassers on its track, and to use such care as the circumstances require to prevent injury to them. If trespasser be an adult, apparently possessed of his faculties, the company has a right to presume he will use his faculties and leave his dangerous position, and if he fails to do so and is injured the fault is his own, and in the absence of wilful negligence on its part he has no remedy.</p> <p>2. Idem — Contributory negligentv —Case at bar. — Deaf mute walking on railroad track was struck by engine coming from direction he was going. Engineer saw him about thirty yards ahead, crossing obliquely from right to left side of track. No whistle was blown. Train was visible for nearly a mile from where he was struck;</p> <p>Held:</p> <p>His own negligence contributed to his death. N. & W. R. R. Co. v. Harman, 83 Va. 553</p>