Laughlin v. Chesapeake & O. Ry. Co.

PARKER, Circuit Judge.

This is an appeal in a crossing accident case in which verdict was directed for the defendant railway company. The evidence showed that an .automobile driven by plaintiff’s intestate was struck at an open public er°ssing near Helen, W. Va., by a train of cars which was being pushed ahead of an engine without ringing of bell, blowing of whistle, or other warning. There was evidence also tending to show that the intestate was signalled to cross by a brakeman stationed at the crossing. Defendant does not seriously contend that the evidence is not sufficient to establish…