Craighead v. Norfolk & Western Railway Co.

ALBRIGHT, Justice:

Appellants, Norfolk and Western Railway Company and B.R. Turner (defendants below), appeal a $657,100.50 judgment entered against them by the Circuit Court of McDowell County in a wrongful death action that arose after Steven Craighead was struck and killed by a Norfolk and Western train. Appellants contend that the circuit court erred by giving instructions that (1) permitted the jury to apply a duty of ordinary care when the circumstances required a finding of willful and wanton conduct; (2) improperly imposed on appellants a duty of ordinary care to discover a trespasser…