CHAP. 287.—An ACT requiring contributory negligence to be set forth in
bill of particulars when relied upon as a defense. (H. B. 211.)

Approved March 18, 1916.

1. Be it enacted by the general assembly of Virginia, That
if, in an action of tort for personal injuries, the defendant in-
tends to rely upon the contributory negligence of the plaintiff
as a defense to said action, then upon motion, such contributory
negligence shall be set forth in a bill of particulars by the de-
fendant with the same particularity as is required of the plain-
tiff, in his declaration or bill of particulars, setting forth the
negligence of the defendant. But the court may at any time dur-
ing the trial permit the plaintiff or defendant to amend his bill
of particulars to avoid being taken by surprise, upon such terms
as may be proper. But the defendant shall not be precluded from
relying upon contributory negligence disclosed to the defendant
by the plaintiff’s testimony.