Roanoke Railway & Electric Co. v. Carroll
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Roanoke in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. ■ The trial court refused to give instructions numbered 2, 8, 4 and 15 tendered by the defendant..
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Error to a judgment of the Corporation Court of the city of Roanoke in an action of trespass on the case. Judgment for the plaintiff. Defendant assigns error. ■ The trial court refused to give instructions numbered 2, 8, 4 and 15 tendered by the defendant.. They are as follows: 2. “The court instructs the jury that while it is not negligence as & matter of law for a traveler to go upon a street car track without looking and listening, it is a settled prinple of law that one who approaches a street railway track must use due care, and ordinary due care means that he must look and listen, and…
1Opinion of the CourtWhittle, J.
This action was brought by John O. Carroll against the Roanoke Railway and Electric Company and the city of Roanoke, demanding damages in the sum of $50,000 for personal injuries sustained by him through the alleged joint negligence of the defendants. The negligence imputed to the city was that it permitted lumber to be piled *601in the street so near the track of the railway and electric company as to partially shut out the view of approaching cars. The case was continued as to the city, and, therefore, we need not concern ourselves about its alleged complicity in the accident.
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2Cases cited11 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Southern Railway Co. v. BaileySupreme Court of Virginia · 1910
- Atlantic & Danville Railway Co. v. ReigerSupreme Court of Virginia · 1897
- Southern Railway Co. v. Hansbrough's AdministratrixSupreme Court of Virginia · 1908
- Bass' Administrator v. Norfolk Railway & Light Co.Supreme Court of Virginia · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Jackson v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1938
- Smith v. GouldWest Virginia Supreme Court · 1931
- Gunter's Adm'r v. Southern Railway Co.Supreme Court of Virginia · 1920
- Virginia Electric & Power Co. v. VellinesSupreme Court of Virginia · 1934
- Remine v. WhitedSupreme Court of Virginia · 1942
18 more not listed; retrieve them via the Exa API.