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211 S.E.2d 15 (1975) 215 Va. 397 STATE HIGHWAY COMMISSIONER OF Virginia v. Philip WALLS. Supreme Court of Virginia. June 17, 1975. Robert P. McIntosh, Asst. Atty. Gen., Sturgis R. Simmonds, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for appellant. E. Munford Kennedy, Jr., Richmond (Munford, Kennedy & Kennedy, Richmond, on brief), for appellee. Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ. *16 POFF, Justice. This appeal, brought pursuant to Code § 8-384, presents for resolution the single question whether the "interested" class of highway users to whom Code § 33-157 provides "free" service at a railroad grade crossing is comprised of all persons residing in the City of Richmond or only those who live in the immediate vicinity of the crossing. The Circuit Court of Henrico County awarded to Philip Walls $8,675.00, plus interest, as damages for personal injuries sustained in an automobile accident that occurred at the railroad crossing of Richmond Highway (U.S. Highway 460) and the Virginia Railway and Power Company. Walls had been one of approximately 70 persons on foot or in vehicles who had requested and received free service at the crossing in accordance with the statute. Code § 33-157 (1951 Repl. Vol.), originally a part of the Code of 1919, was adopted in 1926 and has remained in substantially its present form without substantial change to this day. It reads as follows: "Whenever the Virginia highway department shall desire to provide free service or free passage across any railroad line or at any grade crossing where it may be useful, it may so provide, and it shall be the duty of the railroad company to furnish the same free of charge to all of the public, and it shall be the duty of the railway company to furnish the same free of charge, to all of the public, at such grade crossings as the highway department may designate for such free passage, and said department shall designate and shall furnish the service at the crossings for the use of the public. Whenever the state highway commissioner shall desire to provide free service or free passage across any railroad line or at any

 

 


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