McClaugherty v. Tri-City Traction Co.

Rose, Judge:

Don McClaugherty, as administrator of the estate of Samuel W. Berry, deceased, prosecutes this writ of error to an order of the Circuit Court of Mercer County by which a verdict in his favor against the Tri-City Traction Company was set aside by the trial court, and a new trial awarded.

The defendant, Tri-City Traction Company, operates an interurban electric railway between the cities of Princeton and Bluefield in Mercer County. These cities are also connected by a highway known as U. S. Route 19 and U. S. Route 21, which crosses the railway tracks diagonally from east to west,…