Musser v. Norfolk & Western Railway Co.

Riley, President:

Howard Musser, administrator of the estate of William Monroe Musser, deceased, brought this action of trespass on the case in the Circuit Court of McDowell County against the Norfolk and Western Railway Company for the alleged wrongful death of plaintiff’s decedent. This writ of error is prosecuted to the action of the trial court in setting aside a directed verdict in defendant’s favor.

Defendant operates an electrified railroad, served by an overhead catenary wire system, consisting of messenger, auxiliary and trolley wires, the first being topmost, and all three uninsulated…