Maynard v. Chesapeake & Ohio Railway Co.

Litz, President: ■

Dewey Maynard was killed April 16, 1929, at a public railroad crossing in the city of Logan when a Ford motor truck he was driving was struck by a passenger train of defendant. His widow, Charity Maynard, suing in her own right and as administratrix of the estate, prosecutes error to the ruling of the trial court sustaining a motion of defendant, after she had rested her case, to exclude the evidence and direct a verdict in its favor.

Maynard, at the time of his death, was employed as a truck driver by Malcolm Brothers Produce Company, whose place of business was located in…