Bailey v. Norfolk & Western Railway Co.

McGRAW, Justice:

This is an appeal by Norfolk and Western Railway Company (hereinafter “the Railroad” or “Appellant”)1 from a jury verdict in the Circuit Court of McDowell County finding that the Railroad had discriminated against sixty-seven employees upon the basis of age when it promoted those employees from brakemen to conductor and placed them at the bottom of the conductors’ seniority roster. On appeal, the Railroad maintains that there was insufficient evidence to prove age discrimination and that the jury verdict should be overturned. We disagree and affirm the decision of the lower…