Vickers v. Kanawha & West Virginia Railroad

MilleR, Judge:

This case is a companion of Newhouse v. Kanawha & W. Va. R. Co., 59 S. E. 1071. In that case, as in this, the court below sustained the motion of the defendant to strike out the plaintiff’s evidence and direct a verdict for the defendant. We reversed the judgment below in the Newhouse ease, being of opinion, that the evidence made such a prima facie case of negligence as entitled the plaintiff to have the same submitted to the jury. Since that decision, but pending a petition here for a re-hearing, this case was tried and determined in favor of the defendant, as stated.

The…