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

Citations

• 82 Va. 932
• 7 S.E. 383
• 1887 Va. LEXIS 162

Syllabus

<p>1. Negligent Injuries'—Contributory negligence-—Inability.—Compensation cannot be recovered for injuries done by defendant’s mere negligence, where plaintiff, by his own ordinary negligence, contributed to cause the injury, so that but for such contribution the injury would not have happened, except where the direct cause of the injury is the defendant’s omission (after becoming aware of plaintiff’s negligence) to use proper care to prevent the consequence of such negligence. Rudd's Adm'r v. R. & D. R. R. Co., 80 Va. 546.</p> <p>2. Idem—Case at bar.—Defendant’s track-walker at night found B. lying on railroad track asleep, and aroused and warned him of approaching train. B., raising himself on his elbow and signifying his comprehension of the situation, and not appearing to be disabled by intoxication or otherwise, track-walker left him and proceeded on his beat. But B. did not leave the track, and the train passed over and killed him, without proof of negligence on the part of those controlling it—</p> <p>Held:</p> <p>Defendant was not liable.</p>