Virginia and Maryland R. Co. v. White

319 S.E.2d 755, 228 Va. 140, 1984 Va. LEXIS 182
CourtSupreme Court of Virginia
DecidedSeptember 7, 1984
DocketRecord 811881
StatusPublished
Cited by21 cases

This text of 319 S.E.2d 755 (Virginia and Maryland R. Co. v. White) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Virginia and Maryland R. Co. v. White, 319 S.E.2d 755, 228 Va. 140, 1984 Va. LEXIS 182 (Va. 1984).

Opinions

STEPHENSON, J.,

delivered the opinion of the Court.

Carolyn Jean White, Administratrix of the Estate of Charles Edward White, Jr. (White), sued The Virginia and Maryland Railroad Company (the Company) to recover damages for White’s alleged wrongful death. Following a jury trial, a $602,974.65 verdict was returned in White’s favor. Judgment was entered on the verdict, and the Company appeals. The sole question on appeal is whether White was guilty of contributory negligence as a matter of law.

Because White prevailed in the court below, we will state the evidence and all reasonable inferences deduced therefrom in the light most favorable to him. The accident causing White’s death occurred on August 22, 1980, approximately 8:30 p.m., on U.S. Route 13 in rural Northampton County where Route 13 crosses the Company’s railroad tracks. Route 13 is a four-lane, divided highway with two lanes each for northbound and southbound traffic. Each lane is 12 feet wide. The speed limit on the relatively [143]*143level highway is 55 miles per hour. At the time of the accident, it was dark and overcast, and the road surface was dry.

A traffic light, located 320 feet north of the railroad crossing, regulates traffic at the intersection of Route 184, Business Route 13, and Route 13. Approximately 800 feet north of the traffic light, Route 13 curves slightly to the right in a southerly direction, and then straightens in the vicinity of the traffic light.

The railroad crossing is equipped with a warning device, consisting of automatic gates with lights attached and blinking lights mounted on elevated crossbucks. Only red lights are used on the warning system. Before a train crosses the highway, the gates are lowered, blocking the tracks from highway traffic, and the red lights on the gates and the crossbucks blink continuously. However, at the time of the accident, and for approximately 36 hours prior thereto, the warning device was not operational. The Company had tied up the gates with ropes while repairing the tracks. White was thoroughly familiar with the crossing, having crossed it “[a]bout twice a day” for three or four years.

Shortly before the accident, a Company train was endeavoring to cross Route 13 in an easterly direction. As the train approached the crossing, the engine was pushing two dark-colored, unlit tank cars, each 40 feet in length. The engine was also pulling seven other cars. Because the automatic warnings were inoperable, the train’s conductor was responsible for “flagging” the crossing, which he attempted to do by using a small “brakeman’s hand lantern” with a white light bulb.

The conductor stopped the train approximately 15 feet from the crossing to perform his flagging duties. While three vehicles were stopped at the traffic light, the conductor signaled for the train to begin backing across Route 13.

By the time the traffic light turned green, the first tank car was completely blocking the southbound lanes of the highway. The three vehicles moved south and stopped at the crossing. All were in the right-hand lane, although one may have been slightly astraddle the center line.

At this time, the conductor first saw White’s vehicle (a white van) at the traffic light. The van was in the right-hand lane, and the conductor testified that it “just steadily drifted over” into the passing lane. He said White’s vehicle did not swerve and it was not being operated erratically.

[144]*144The conductor began waving his lantern when he observed White’s vehicle, but White quickly traversed the distance from the traffic light to the crossing and, while in the passing lane, struck the right rear “catwalk” of the tank car. (A civil engineer testified that a vehicle traveling at a speed of 55 miles per hour would cover the distance in approximately four seconds.) The investigating police officer found braking tire marks before impact of 33 feet, eight inches, made by White’s left front tire and 23 feet, three inches, made by his right front tire.

A resident engineer for the Virginia Department of Highways and Transportation, who is responsible for highway safety, testified that when the automatic warning device is inoperable, “there should be some substitute warnings” at the crossing. An expert witness with extensive training and experience in the railroad industry testified regarding the acceptable and proper substitute warnings. He stated that the proper method of “flagging” the crossing was with the use of “fusees,” which he described as “flare [s]” which burn for 10 to 15 minutes and produce a “brilliant red glow and light and can be seen for just miles.” The use of fusees is particularly important in the nighttime. He opined that attempting to flag the crossing with a brakeman’s hand lantern emitting a white light was not the standard, acceptable practice in the industry. Generally, the lantern is merely used to signal a train’s engineer. If the lantern is to be used for flagging, a red bulb should replace the white bulb.

The conductor stated that he had been taught to use fusees and had intended to use one on the night of the accident. He explained that when he looked into the box where the fusees were ordinarily kept, none was there. Therefore, he had no other means of flagging the crossing except the brakeman’s lantern.

A toxicologist testified that he tested a sample of White’s blood, which contained .11% alcohol. In his opinion, .11% alcohol in the blood would impair an average person’s faculties. He stated, however, that many toxicologists believe that an alcohol content below .10% would not cause “sufficient impairment to make a difference.” Two eyewitnesses who saw White shortly before the accident testified that he appeared normal in speech, walk, and appearance, and showed no signs of being intoxicated.

Contributory negligence, like negligence and proximate cause, is ordinarily a factual issue for resolution by a jury. The issue becomes one of law, to be decided by a court, only when [145]*145reasonable minds could not differ concerning the conclusion to be drawn from the evidence. Meeks v. Hodges, 226 Va. 106, 109, 306 S.E.2d 879, 881 (1983). It is the jury’s function to resolve and settle all conflicts in the evidence, and on appeal, a litigant who is fortified by a jury’s verdict and a trial court’s judgment thereon “occupies the most favored position known to the law.” Pugsley v. Privette, 220 Va. 892, 901, 263 S.E.2d 69, 76 (1980).

The focal point of judicial review is the reasonableness of the particular inference or conclusion drawn by the jury. It is the jury, not the court, which is the fact-finding body. It weighs the contradictory evidence and inferences, judges the credibility of witnesses, receives expert instructions, and draws the ultimate conclusion as to the facts. The very essence of its function is to select from among conflicting inferences and conclusions that which it considers most reasonable. . . . That conclusion, whether it relates to negligence, causation or any other factual matter, cannot be ignored. Courts are not free to reweigh the evidence and set aside the jury verdict merely because the jury could have drawn different inferences or conclusions or because judges feel that other results are more reasonable.

Bly v. Southern Ry. Co., 183 Va.

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Virginia and Maryland R. Co. v. White
319 S.E.2d 755 (Supreme Court of Virginia, 1984)

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319 S.E.2d 755, 228 Va. 140, 1984 Va. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virginia-and-maryland-r-co-v-white-va-1984.