NORFOLK AND WESTERN RAILWAY COMPANY v. Gilliam

The decedent, Billy Ray McDaniel, an infant over fourteen, and Naoma B. Godsey Gilliam, his great grandmother, were both riding in a 1963 Ford Falcon station wagon that was struck by defendant’s freight train July 5, 1965, at the Sixteenth Street grade crossing in the Town of Glasgow, Virginia. Lloyd McDaniel, Administrator of the Estate of Billy Ray McDaniel, brought an action against the Norfolk and Western Railway Company to recover damages for death by wrongful act. That action was consolidated for trial with the action of Naoma B. Godsey Gilliam for damages for personal injury.

Two…