Turner v. Norfolk Southern Railway Co.

Annie Turner, administratrix of the estate of James Turner, deceased, instituted this action to recover for the wrongful death of her intestate who was killed, while sitting on the end of a crosstie of a railroad track, by a train of the Norfolk Southern Railway Company, defendant herein. There was a jury trial, and after plaintiff rested her case the trial court sustained a motion to strike the evidence and entered summary judgment for the defendant. Plaintiff is here on a writ of error to this judgment.

Plaintiff contends that the trial court erred in (1) striking her evidence and entering…