Chesapeake & Ohio Ry. Co. v. Amburgey

CLAY, Commissioner.

Plaintiff recovered a $400 judgment for personal injuries sustained when struck by one of defendant’s engines in the town of Martin. Defendant has filed a motion for an appeal on the ground it was entitled to a directed verdict.

Plaintiff was walking east on a cinder path paralleling a switch track. A freight train came up from behind her and as it passed some part of the engine struck and knocked her down. As plaintiff approach*628ed the scene of the accident, she had seen the train but thought it was standing on another track.

The fireman on the engine saw her when she neared…