Keller v. Norfolk & Western Railway Co.

Hatchee, Judge:

Damages for alleged wrongful death of H. C. Keller and for physical injuries to Jess Keller, respectively, are sought in these cases. A verdict for the administratrix of H. C. Keller was set aside, and one for Jess was sustained by the trial court. These actions arise from the same accident, have substantially the same evidence, and will accordingly be dealt with in one opinion.

About eight o’clock on the morning of April 16, 1929, H. C. Keller and his three sons, Clay, Charles and Jess, aged eighteen, thirteen and ten years, respectively, started across a private railroad…