Brooks v. Norfolk & Western Railway Co.

The sole item in controversy in this appeal is whether the record before us is supportive of the submission to a jury of the issue of wanton misconduct on the part of Norfolk & Western Railway.

If the record provides no basis for a finding of wanton misconduct, the trial court should have granted the motion for a directed verdict by defendant Norfolk & Western. Absent such action by the trial judge on such a record, the Court of Appeals should have entered final judgment for this defendant.

The Court of Appeals correctly concluded that the plaintiff was a trespasser as a matter of law. This…