Backus v. Norfolk & Atlantic Terminal Co.

This action was brought by the plaintiff in error, Backus, to recover damages for injuries to a pair of mules, wagon and harness, suffered in a collision with one of the defendant’s cars at a road crossing in Norfolk county, between Pine Beach and the city of Norfolk. The judgment under review was rendered for the defendant on a demurrer to the evidence.

At the point of collision the defendant’s road (a double track) runs through the plaintiff’s farm; and on the day of the accident his negro driver was engaged in hauling hay from the west side of the road over the crossing to his barn and…