Jackson v. Chesapeake & Ohio Ry. Co.

This action was brought to recover damages for personal injuries sustained by Charles Jackson, while riding in the cab of a truck driven by a companion, in a railway crossing accident at Crozet, Virginia. The trial court entered judg*645ment for defendant on the verdict of the jury. From that judgment this writ of error was awarded plaintiff.

The one vital issue to determine the negligence of defendant was whether the statutory crossing signals required by Code, sec. 3958, were sounded on August 23, 1940—the date of the accident. On this issue thirty-four witnesses, eight for plaintiff and…