Prok v. N. & W. Railway Co.
West Virginia Supreme Court
Error to Circuit Court, McDowell County. Action by Joseph Prok, administrator, etc., against the Norfolk & Western Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
PoffenbaRGER, Judge:
The principal question developed on this writ of error is whether a railroad company, in running an engine backward on its main line, through a village, is under duty to keep a *698lookout for children and trespassers, the situation being such as deprives the engineer and fireman of adequate view of the track at the point of danger.
Plaintiffs decedent, a little girl less than four years old, was struck and killed by an enormous engine of the defendant company, weighing 292,000’pounds, and used for helping coal trains over a heavy grade. She and another little girl, somewhat…
2Cases cited4 opinions
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- Schoonover v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1911
- Southern Railway Co. v. DavesSupreme Court of Virginia · 1908
- Kansas Pacific Railway Co. v. WardSupreme Court of Colorado · 1877
3Cited by14 opinions
- Louis v. Smith-McCormick Construction Co.West Virginia Supreme Court · 1917
- Barron v. B. & O. RailroadWest Virginia Supreme Court · 1935
- State v. . JonesSupreme Court of North Carolina · 1918
- Kleinschmidt v. ScribnerIdaho Supreme Court · 1934
- Robertson v. Coal & Coke Railway Co.West Virginia Supreme Court · 1920
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