Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Railroad-Person Struck. For more information on railroad injuries see the pages on Wikipedia. 

Railroad-Person Struck Cases

1983 Gardner v. Old Dominion Stevedoring Corp., 225 Va. 599, 303 S.E.2d 914.

Plaintiff was reporting to work at pier when his vehicle was struck by rail car. He provides no acceptable explanation for his failure to see rail car that slowly approached him, squarely in his field of vision for one minute prior to impact. Contributory negligence as matter of law.

1981 Norfolk & P.R.R. v. Barker, 221 Va. 924, 275 S.E.2d 613.

By instructions given, to which no error was assigned, jury could have believed that defendant’s failure to post crew man as lookout was negligence.

1972 Norfolk S. Ry. v. Fincham, 213 Va. 122, 189 S.E.2d 380.

Boy struck by railroad car, crushing his right leg. Duty owed to trespassers, whose presence is known or ought to be known, is one of ordinary care to avoid injury to him. Railroad does not owe trespasser duty of prevision or preparation for his discovery.

1964 Turner v. Norfolk S. Ry., 205 Va. 691, 139 S.E.2d 68.

Railroad-person struck.Decedent sitting on track evidently having seizure. Last clear chance applies.

1954 Carpenter v. Atlantic Coast Line Ry., 195 Va. 530, 79 S.E.2d 603.

Dart out case. Facts showed no negligence on part of defendant railroad. Trial court correctly set aside verdict in favor of plaintiff.

1952 Selfe v. Hale, 193 Va. 543, 69 S.E.2d 434.

Plaintiff injured when mining company train struck bus that in turn struck plaintiff. Bus pulled off road to let off passengers, but rear of bus was partially across track. Question of fact presented as to whether or not train could have stopped in time to avoid collision.

1951 Southern Ry. v. Callis, 193 Va. 28, 67 S.E.2d 879.

Pedestrian struck by lead car with no light. Plaintiff had duty to look and listen in reasonably effective manner. Duty not discharged by claim that no train was expected, view was obstructed, or hearing impaired. Plaintiff guilty of contributory negligence as should have seen or heard train in exercise of reasonable care for his own safety.

1951 Norfolk Belt Line v. Freeman, 192 Va. 400, 64 S.E.2d 732.

Pedestrian struck by train backing up without lights. Verdict for plaintiff.

1951 Southern Ry. v. Mays, 192 Va. 68, 63 S.E.2d 720.

It is trackman’s duty to be on alert and look out for approaching trains and he may not rely on others to perform this duty for him.

1949 Virginia Transit Co. v. Owens, 190 Va. 76, 55 S.E.2d 422.

Last clear chance held not applicable since operator did not have time to stop.

1949 Chesapeake & O. Ry. v. Marshall, 189 Va. 729, 54 S.E.2d 90.

Plaintiff’s decedent, without looking or listening, stepped from door of warehouse to ground beside track and was struck almost immediately by yard engine. Contributory negligence on part of plaintiff was direct, proximate cause of accident. Doctrine of last clear chance not applicable.

1948 Washington & O.D.R.R. v. Taylor, 188 Va. 458, 50 S.E.2d 415.

If engineer in exercise of reasonable care could have discovered that object on track was human being in time to have avoided running over him, then railroad is liable.

1948 Virginia Transit Co. v. James, 188 Va. 135, 49 S.E.2d 285.

Pedestrian struck crossing in front of stopped train. Jury issue presented.

1948 Nichols v. Southern Ry., 187 Va. 89, 45 S.E.2d 913.

Railroad-person struck. Plaintiff was crossing tracks and failed to see approaching train in plain view. Verdict for defendant.

1947 Atlantic Coast Line R.R. v. Gates, 186 Va. 195, 42 S.E.2d 283.

Railroad-person struck. When railroad knows that track is used as walkway for many people, then reasonable care is necessary.

1943 VEPCO v. Courtney, 182 Va. 175, 27 S.E.2d 917.

Railroad-person struck by train. Jury issue presented as to negligence and contributory negligence.

1943 Norfolk S. Ry. v. Wood, 182 Va. 30, 28 S.E.2d 15.

Railroad-person struck.Trestle was in common use as walkway. Child was struck. Where railroad knows that its right of way is in constant use by pedestrians, it must exercise reasonable care with facilities at hand and under circumstances as they exist at time to discover and avoid injuring them.