Byrd v. Virginian Railway Co.

Lovins, Judge:

The Virginian Railway Company appealed to the Circuit Court of Wyoming County from an adverse judgment of a justice of the peace in favor of B. F. Byrd. The action was based upon the destruction of two cows and the crippling of another by one of defendant’s passenger trains. On appeal, judgment was entered by the circuit court upon a jury verdict for Byrd in the amount of $200.00 and costs, and to that action of the court below, the Railway Company prosecutes this writ of error. The following facts appear.

On January 29, 1940, at about one o’clock in the afternoon passenger train…