Dempsey v. Norfolk & Western Ry. Co.

RoBiNSoy, Judge:

A child sixteen months old was injured by a freight train of the defendant company so that it 'died. An administrator sued for damages in the premises. On the trial, defendant demurred to the evidence, the jury ascertained damages at $1500, and the court overruled the demurrer and entered judgment for plaintiff.

Two distinct grounds are submitted for a reversal of the judgment. First, it is asserted that negligence on the part of defendant has not been established. Second, the point is made that the injury resulted from the contributory negligence of the parents and that the…