Horsley v. Chesapeake & Ohio Railway Co.

Andrew Horsley, plaintiff in the trial court and here so designated, instituted an action against the Chesapeake and Ohio Railway Company because of personal injuries sustained by him in a collision between defendant’s train and the truck that he undertook to drive across its track. At the conclusion of his proof the court sustained a motion to strike the evidence, which ruling resulted in a verdict and judgment in defendant’s favor.

Briefly stated in the light most favorable to plaintiff, the salient and controlling facts are as follows:

About 1:00 p. m. on the 8th day of June, 1948,…