Virginia and Maryland R. Co. v. White

The majority goes to great lengths to detail the negligence of the railroad with regard to the type of warning signal it used on the night of the accident. The majority seems to suggest that as proof of defendant’s negligence increases the possibility of plaintiff’s contributory negligence decreases. Such an approach has never been accepted in the Commonwealth. In our State, even though there is proof positive of defendant’s negligence if plaintiff is shown to be contributorily negligent and that negligence is a proximate cause of the accident, then plaintiff cannot prevail regardless of the…