Holtman v. Norfolk & Western Railway Co.

Litz, Judge:

Suing in trespass on the case, the plaintiff recovered a verdict and judgment against the defendant Norfolk & Western Railway Company (plaintiff in error) in the sum of $4,000 for personal injuries sustained as hereinafter detailed.

In the afternoon of August 25, 1925, a coal carrying freight train of defendant was wrecked near Wills, a flag station in Mercer County, West Virginia, tearing up both main line tracks for a distance of 250 feet and depositing coal and wreckage along the right-of-way. Several hours later plaintiff boarded defendant’s passenger train No. 17 at Narrows,…