Lester v. Norfolk & Western Railway Co.

Maxwell, Judge:

As a result of a collision of plaintiff’s automobile with a train of de.fendant company at a railroad crossing in the town of Iaeger, causing' injury to bimself and damage to Ms car, plaintiff instituted suit in tbe circuit court of McDowell County against.tbe company and some of tbe trainmen. He obtained a verdict of $5,000 against tbe company, tbe conductor and tbe engineer. Tbe brakeman was exonerated by tbe jury. Writ of error bas been awarded tbe unsuccessful defendants.

Tbe accident occurred about 5:45 p. m. November 12, 1930, — a murky, foggy evening. Darkness had…