Leary v. Norfolk Southern Bus Corp.

I give the facts and the law in the case fnlly.

These are two actions brought by plaintiffs against defendant for actionable negligence, alleging damage. They were consolidated for trial without objection.

In the McDuffie case the issues and answers thereto were as follows:

“1. Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint ? Ans.: ‘Yes.’

“2. Did the plaintiff by his own negligence contribute to his injury, as alleged in the answer ? Ans.: ‘No.’

“3. What property damage is plaintiff entitled to recover ? Ans.: ‘$400.00.’

“4. What damage is plaintiff…