Mullens v. Virginian Railway Co.

Meredith, Judge:

This is an action for injuries to plaintiff and bis wagon caused by defendant’s train backing upon plaintiff and sideswiping bis wagon while be was driving upon a road along defendant’s track. Upon defendant’s -demurrer to tbe evidence, tbe jury returned a verdict for plaintiff in tbe sum of $448. Tbe court sustained tbe demurrer and entered judgment for defendant. Plaintiff brings error.

Tbe only question involved is whether plaintiff was guilty of contributory negligence. Tbe injury occurred on tbe Winding Gulf Branch of defendant between Allen Junction and Wyco. Allen…