Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1886-12-03
Railroads Violating the Sunday Law.
ARE LIABLE FOR DAMAGES FOR ACCT
DENTS TO WHICH TIE sUFF ERER.
DOES NOT (ONTRIBUTE.

| ARE LIABLE FOR DAMAG Es FOR ACCT
DENTS TO WHICH TIE sUFF ERER.
DOES NOT CONTRIBUTE.
The verdict for So geo damages obtained
last week in Judge McLaughlin's court.
by DR.. j. c. Walden, of Goshen, against
the Chesapeake & ohio railway, for per-
sonal injuries sustained on Sunday in
| April, 1885. is an important one to the
| railroads in Virginia. The counsel in
the case were Tucker & Harrison for the
plaintiff and r L. Parrish and Fl. I.
Wickham for the defendant. The follow
ing is a history of the case:
During the afternoon of Sunday, April
265h, 1885, DR.. j. q. Walden, we'll known
physician, living in Goshen, Rockbridge
county, Va, had been out in his buggy
visiting some of his patients, his wife ac-
companylng him to take some delicacies
to poor child who was sick. DR.. Val
denis home was situated on a public
: thoroughfare which lay along by and in
close proximity to the T. & Q. r. r. After
the DR.. had finished the calls upon his
patients, he was returning home along
the road or street upon which his house
Was situated. When he was within
few hundred feet of his house, long
train of cars loaded with coal came sud-
denly and unexpectedly upon him, max
ing. as charged by the plaintiff, great
noise. and emitting great quantities Of
steam from the side valves OF the engine,
which caused the horse lie was driving to
take fright and run off, with great violence
upsetting the buggy, throwing the DR..
and his wife both out, and dragging the
DR.. some distance. Mrs. Walden disd in
about ten days from her injuries, and the
Ur. was also very seriously injured. DR..
Walden instituted two suits against the
q. & 0. r. r. One in which the damages
were laid at So 900 for injuries sustained
by himself. and the other as administrator
of Mrs. Walden, in which the damages
were laid at $40, 900 for killing his wife.
The suit for his own injuries was tried
last week and the jury returned a verdict
for the $4,000 in favor of DR.. ", the
whole amount claimed. The trial Of the
suit for killing Mrs. V. was to have COM
menced last Wednesd ay, but without
going to trial the counsel for the railroad
company offered as compromise to pay
$500 as compensation for all damages
including the $4,000 for which a verdict
had been obtained. Messrs. Harrison &
Tucker agreed, and the case was compro-
missed at that sum.
In the suit which has been decided, the
court instructed the jury, at the instance
of the plaintiff g counsel, thatth railroad
bad no right. under the law, to run its
freight trains on Sunday, and that if by
80 doing it had injured the plaintiff
without any contributory negligence on
his part. that then they must find for the
plaintiff. The railroad conteaded that
Dr. V. might have reached a place of
safety, or might have gotten out OF the
buggy in time to save himself. On the
other hand it was contended that in the
terrible emergency 10 which he found
himself suddenly placed, he did not have
time to do anything, and further that the
horse driven by the DR.. was one used to
the cars. and about them great deal, not
easily scared by them, and only frightened
on this occasion by the unusual noise, and
sudden emission of steam from the sides
of the engine. On the facts proven. the
jury as already stated, rendered verdict
for the plaintiff.