Virginian Railway Co. v. Craighead

This action was instituted to recover damages for personal injuries sustained by Sam F. Craighead, plaintiff, when an automobile driven by him was struck at a grade crossing by an electric engine of the Virginian Railway Company. The trial court was of opinion that sections 3958 and 3959 of Michie’s Code, 1942, (§ 56-414 of the Code of 1950, prior to its 1950 amendment, and § 56-416, respectively) applied, and so instructed the jury. The jury were also told that the plaintiff was not entitled to recover if they believed that he was guilty of negligence and such negligence was the sole…