Keller v. Norfolk & Western Railway Co.

HATCHER, PRESIDENT :

A verdict awarding the plaintiff damages for personal injuries was set aside by the trial court and the plaintiff obtained a writ of error.

This is the second time this case has been before us. For convenience, the facts and the ruling on the first trial as contained in Keller v. N. & W. R. Co., 109 W. Va. 522, 156 S. E. 50, follow:

“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 crossing in a Ford roadster. The car was struck…