Chesapeake & Ohio Railway Co. v. Nixon

Sims, P.,

after maMng the foregoing statement, delivered the following opinion of the court:

*361The questions presented by the assignments of error will, so far as necessary for the decision of the case, be disposed of in their order as stated below.

The chief question thus presented, in various ways (by the assignments that the trial court erred in overruling the motion to set aside the verdict, and in the giving and refusing of instructions), is the following:

1. Did the defendant company owe to the decedent the duty of having its engineman and fireman keep, while not prevented from so doing by…