Va. Midland R. R. v. Barksdale's Adm'r

Citations

• 82 Va. 330
• 1886 Va. LEXIS 37

Syllabus

<p>1. Railroad Companies—Negligent injuries—Liability.—For injuries caused by sole negligence of defendant company, it is liable in damages. But if deceased was guilty of negligence that was the proximate cause of his death, the company is not liable unless, after discovering injured party’s negligence, it failed to use proper care to avoid the consequence of such negligence.</p> <p>2. Idem—Case at bar.—Here the deceased’s death was not caused by the company’s negligence, but by the deceased’s own negligence, which was not discoverable, and was not discovered, in time for the prevention of its consequences by the proper care which was used by the company to avert the consequences of such negligence, and the company is not liable.</p>