Legal Opinion

Prok v. N. & W. Railway Co.

West Virginia Supreme Court

Decided February 23, 1915PublishedCited by 14 opinions

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

  1. Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
  2. Schoonover v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1911
  3. Southern Railway Co. v. DavesSupreme Court of Virginia · 1908
  4. Kansas Pacific Railway Co. v. WardSupreme Court of Colorado · 1877

3Cited by14 opinions

  1. Louis v. Smith-McCormick Construction Co.West Virginia Supreme Court · 1917
  2. Barron v. B. & O. RailroadWest Virginia Supreme Court · 1935
  3. State v. . JonesSupreme Court of North Carolina · 1918
  4. Kleinschmidt v. ScribnerIdaho Supreme Court · 1934
  5. Robertson v. Coal & Coke Railway Co.West Virginia Supreme Court · 1920

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