Mair v. C & O Railroad

NATHANIEL R. JONES, Circuit Judge.

In this action defendant Chesapeake and Ohio Railroad Company (“C & 0”) appeals from the district court's judgment entered on a jury verdict finding it liable for injuries suffered by Andrew Mair in a railroad accident. Plaintiffs Andrew, David and Patricia Mair appeal from the district court’s order reducing their damage award. Upon consideration, we find that the judgment entered on the jury’s verdict was erroneous, thus we hereby reverse.

I

The salient facts of this appeal are as follows. On March 20, 1976, Andrew Mair, then age 16, and two companions…