Angiline v. Norfolk & Western Railway Co.

Lively, President:

Plaintiff, Frank Angiline, sued the Norfolk & Western Ry. Co. for personal injuries sustained by him ivhile attempting to board a moving freight train at Hatfield in Mingo County, on March 15, 1924. At the conclusion of plaintiff’s evidence the court directed a verdict for defendant which was returned and judgment of nil capiat entered; and plaintiff prosecutes this writ- of error.

The first count of the declaration charges that men, boys and children customarily boarded-moving trains of defendant in the Village of Hatfield, a custom well known to defendant, and that children…