Norfolk & Western Railway Co. v. Henderson

Kelly, P.,

delivered the opinion of the court.

This action was brought to recover damages for the death of the plaintiff’s intestate, Marian Henderson, a child twenty-six months old, who was run over and. killed by one of *302the defendant’s trains. There was a verdict and judgment for the plaintiff, and the defendant assigns error.

[1, 2] The accident occurred about nine o’clock A. M. on a clear day within the corporate limits of the town of Brookneal, in Campbell county. For many years the railway tracks at that point had, with the knowledge of the railway company and its employees, been used as a…