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GLEESON V. VIRGINIA MIDLAND R. CO., 140 U. S. 435 (1891)

U.S. Supreme Court

Gleeson v. Virginia Midland R. Co., 140 U.S. 435 (1891)

Gleeson v. Virginia Midland Railroad Company

No. 287

Argued April 6, 1891

Decided May 11, 1891

140 U.S. 435




A landslide in a railway cut, caused by an ordinary fall of rain, is not an "act of God" which will exempt the railway company from liability to passengers for injuries caused thereby while being carried on the railway.

It is the duty of a railway company to so construct the banks of its cuts that they will not slide by reason of the action of ordinary natural causes, and by inspection and care to see that they are kept in such condition, and the failure to do so is negligence, which entails liability for injuries to passengers caused by their giving way.

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