Roaring Fork Railroad v. Ledford's Administrator
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Wise county in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error.
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Error to a judgment of the Circuit Court of Wise county in an action of trespass on the case. Judgment for plaintiff. Defendant assigns error. This is an action instituted in the trial court by the defendant in error against the plaintiff in error to recover damages for the death of the plaintiff’s intestate alleged to have been caused by the negligence of the railroad company in not keeping a reasonable lookout for the deceased, who was killed in the daytime upon the track of the railroad by a locomotive engine running backward, the tender being in front, striking the deceased and killing…
1Opinion of the Court
SIMS, J.,
after making the foregoing statement, delivered the following opinion of the court:
[1] 1. It is plain from the statement of facts preceding this opinion that this is a case in which the deceased was guilty of gross negligence, which would bar any recovery by the plaintiff unless the doctrine of the last clear chance is applicable.
2. On the question of whether such doctrine is or is not applicable to the case, we have the following to consider.
[2-4] The deceased occupied toward the defendant the relationship of a licensee. It is well settled, therefore, that however great may have…
2Cases cited2 opinions
- Southern Railway Co. v. BaileySupreme Court of Virginia · 1910
- Kabler's Administrator v. Southern Railway Co.Court of Appeals of Virginia · 1917
3Cited by6 opinions
- Barnes v. AshworthSupreme Court of Virginia · 1930
- Gunter's Adm'r v. Southern Railway Co.Supreme Court of Virginia · 1920
- Ashby v. Virginia Railway & Power Co.Supreme Court of Virginia · 1924
- Robertson v. Coal & Coke Railway Co.West Virginia Supreme Court · 1920
- Gordon's Adm'r v. Director General of RailroadsSupreme Court of Virginia · 1920
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