Goldberg v. Chesapeake & Ohio Railway Co.

Opinion of the Court by

Judge Sampson

Affirming.

The trial court directed a verdict for the railway company in this case, wherein appellant, Goldberg, sued to recover damages of the railway company for the negligent destruction of his automobile, which had stopped upon a railroad crossing just as a fast passenger train came along at night.

Appellant was not with the car at the time it was struck by the train. Pour other persons had been driving the car that evening. One of them testified concerning the accident:

“When we got half-way down, or about one-third way down, that street we saw a freight…