Smith v. Norfolk & Western Ry. Co.

Dent, Judge:

Defendant obtained a writ of error from one of the judges of this Court to a judgment against it for the sum of five hundred dollars rendered on the 11th day of October, 1898, by the circuit court of Wayne County on a verdict of a jury in favor of the *70plaintiff for an aggravated assault made upon him, while a passenger on one of the defendant's trains, by the conductor thereof. There are two main grounds relied on, to-wit, that the verdict is contrary to the law and the evidence, and that the court erred in giving the following instruction, designated as No. 2: “The court…