Chesapeake & O. Ry. Co. v. Litteral's Adm'r

Opinion op the Court by

Stanley, Commissioner

—Reversing.

The entire testimony on material facts of this case is merely that Mrs. Jess Fairchild, who lived by the defendant’s railroad tracks, in the early afternoon of December 6, 1943, saw Powell Litteral pass her house walking on the track “with a'bundle under his arm and a poke in his hand. ’ ’ About two hours later she was asked by a man who was employed as a railroad brakeman if she knew the man that was killed, adding, “We didn’t kill him.” As she went down the track, another man on a caboose asked her if she knew the man. Two trains, a…