Gillespie v. Norfolk & Western Railway Co.

This appeal arises from a judgment for defendant railroad entered on jury verdict against plaintiff and in favor of defendant in a cause brought by plaintiff administratrix for the death of the driver of an automobile in an auto-train collision on November 14, 1965, between the automobile of Mose Childers and a passenger train of defendant, Wabash Railroad, now Norfolk and Western Railway Company.

Plaintiff assigns as error (1) the trial court’s refusal to permit plaintiff to introduce into evidence certain sworn answers to interrogatories admitting the existence and destruction by defendant…