Arrowood v. Norfolk & Western Railway Co.

Rose, President,

dissenting:

I am unable to concur in a reversal of this case. The decedent would seem clearly to have been guilty of contributory or concurring negligence, as a matter of law, by which any right of recovery by reason of his death is legally barred. The principles of law upon which this conclusion rests are perfectly familiar and thoroughly established by previous decisions of this Court.

It is conceded that the plaintiff, by the' testimony of witnesses to the effect that no whistle was blown or bell rung as the train approached the' crossing where the acci dent occurred, made…