Etheridge v. NORFOLK SOUTHERN RAILWAY COMPANY

Although defendant raises no question regarding the sufficiency of plaintiff’s evidence to make out a prima facie case of actionable negligence, we deem it appropriate to say that the evidence of actionable negligence was sufficient to warrant submission of the first issue to the jury.

In the first question presented in its brief, defendant contends that the negligence of Gallamore was imputed to Busby and his personal representatives as a matter of law and that by reason thereof the trial court should have granted defendant’s motion for nonsuit or should have granted defendant’s request that…