Washington & Old Dominion Railway v. Jackson's Administrator

Upon a demurrer to the evidence judgment was rendered for the defendant in error, plaintiff below, in an action to recover damages for the death of his intestate, Frank Jackson, which was attributed to the wrongful act of the defendant, the Washington and Old Dominion Railway.

The controlling question submitted for our determination is the sufficiency of the evidence to support the judgment.

The testimony shows that plaintiff’s intestate was a colored boy sixteen years old, who at the time he was killed was lying, presumably asleep, on the right-hand rail of the defendant’s track going west, or…