Leath v. Richmond, Fredericksburg & Potomac Railroad

Rruce Temple Leath was struck and killed at a grade crossing by a passenger train of defendant company. His executor instituted this action for wrongful death. At the conclusion of the introduction of evidence for plaintiff the trial court sustained a motion to strike, and so instructed the jury, who thereupon returned a verdict for defendant. The correctness of this ruling is the only question involved in the case.

The accident ocurred about noon on September 12,1931, at a grade crossing known as Hunton, where the Mill road crosses the double track of defendant company. At this point the Mill…