Southern Railway Co. v. Wiley
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Halifax county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The following instructions were given by the court on the motion of the plaintiff: (1) “The court instructs the jury that if they believe from the evidence that on January 9, 1909, Ralph Wiley, the plaintiff was about two and one-half years of age, then he is presumed to have been incapable of contributory negligence.
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Error to a judgment of the Circuit Court of Halifax county in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. The following instructions were given by the court on the motion of the plaintiff: (1) “The court instructs the jury that if they believe from the evidence that on January 9, 1909, Ralph Wiley, the plaintiff was about two and one-half years of age, then he is presumed to have been incapable of contributory negligence. And the court further instructs the jury that though they believe from the evidence that the father and mother of Ralph Wiley (or…
1Opinion of the Court
Keith, P.,
delivered the opinion of the court.
This is an action brought to recover damages for an injury by the Southern Railway Company to Ralph Wiley, an infant about two and a half years old.
The facts are as follows: Train No. 14 on the Richmond *188and Danville division of the Southern Railway, moving north from Danville to Richmond, reached Scottsburg, a station on the road, at 5:56 o’clock P. M. on the evening of January 9, 1909, on schedule time. The sun set on that day at nine minutes after 5 o’clock, and there is some evidence tending to show that the evening- was cloudy, misty and dark.…
2Cases cited1 opinion
- Norfolk & Western Railway Co. v. Crowe's AdministratrixSupreme Court of Virginia · 1910
3Cited by9 opinions
- Norfolk & Western Railway Co. v. StricklerSupreme Court of Virginia · 1915
- Gunter's Adm'r v. Southern Railway Co.Supreme Court of Virginia · 1920
- Smith v. Sunday Creek Co.West Virginia Supreme Court · 1914
- Norfolk & Western Railway Co. v. HendersonSupreme Court of Virginia · 1922
- Chesapeake & Ohio Railway Co. v. Saunders' AdministratorSupreme Court of Virginia · 1914
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