Norfolk & Western Railway Co. v. Benton

The defendant in error, who hereafter will be referred to as the plaintiff, brought an action against the railway company to recover damages for the death of her husband who was killed by a train at a city railway crossing in Hopewell, Virginia. The case was tried twice. The first trial was had in the Circuit Court of the city of Hopewell and when all of the evidence of the plaintiff had been introduced the attorneys for the railway company moved to strike it out. The circuit court sustained the motion and struck the entire evidence which had been introduced by the plaintiff, whereupon the…