VA · jury_instructions
Va. Model Jury Instr. Civ. No. 19.010
Railroad’s Duty: Identification of Object on Tracks
If an employee of a railroad sees an object on the tracks, then he has a duty to keep a lookout
until he identifies the object. As soon as he knows, or should have known, that the object is a
person, the railroad has a duty to use ordinary care to avoid harming him. If the person is in
obvious and immediate danger, then the railroad has a duty to use all available means, consistent
with the safety of those on the train, to avoid harming him.
If the railroad fails to perform one or more of these duties, then it is negligent.
History
Virginia Model Jury Instructions – Civil, Release 26, April 2026. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- civ-2026-04-01
- Content hash
97684e98e29907a2c3a8af53aa52143c1251a47cba38dfbe9060a82d3f21b280
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