Ashby v. Virginia Railway & Power Co.

Sims, P.,

after making the foregoing statement, delivered the following opinion of the court:

The questions presented for decision by the assignments of error will be disposed of in their order, as stated below.

1. Was the evidence sufficient to support the verdict in finding, as it did in effect, that t.he defendant, through its motorman, did not have a last clear chance to avoid the accident, or lessen the injury, after it ought to have been apparent to the motorman, had he exer*325cised reasonable care, that the plaintiff’s intestate, Mrs. Ashby, was unconscious of the approach of the street car…