Southern Railway Co. v. Daves
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Mecklenburg county in an action of trespass on tbe case. Judgment for tbe plaintiff. Defendant assigns error. Defendant’s instructions rejected.
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Error to a judgment of the Circuit Court of Mecklenburg county in an action of trespass on tbe case. Judgment for tbe plaintiff. Defendant assigns error. Defendant’s instructions rejected. Ho. 1. “The court instructs the jury, that the law presumes that a child under nine years cannot be guilty of contributory negligence, but if they believe from the evidence that the plaintiff, Yiola Daves, in running on the track in front of the engine, did not exercise such care for her own safety as children of her age and capacity ordinarily exercise, then they should find their verdict for the…
1Opinion of the CourtHarrison, J.
On the 19th of February, 1906, an engineer and fireman of the defendant railway company left Lawrenceville, on the main line of the company’s road, with an engine and caboose, for Jeffress, on the same line, to get a train of cars standing at the latter point. The engine was moving backwards, with the tender in front and the caboose car behind. As the engine approached the public crossing at Union Level, a station on the road, the engineer and fireman saw two negro children, one nearly eight and the other nearly ten years of age, about one hundred and fifty yards from the crossing, and…
2Cases cited1 opinion
- Marks' Adm'r v. Petersburg RailroadSupreme Court of Virginia · 1891
3Cited by19 opinions
- Holstine v. Director General of RailroadsIndiana Court of Appeals · 1922
- Engel v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1923
- Prok v. N. & W. Railway Co.West Virginia Supreme Court · 1915
- Springs v. Virginia Railway & Power Co.Supreme Court of Virginia · 1915
- Wright v. Atlantic Coast Line RailroadSupreme Court of Virginia · 1910
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