Norfolk & W. Ry. Co. v. Collingsworth

HICKS, Circuit Judge.

Collingsworth, a switch oiler, while engaged as ■ such, at about 7:30 p. m., October 15, 1926, in the ■yards of appellant, was run down and injured by the front of a cut of 11 or 12 box ears being shoved by an engine moving backwardly. He brought this suit to recover for the damages inflicted. Appellant’s motion for a directed verdict was denied and the court, clarifying the averments of the petition, submitted the ease to the jury upon two allegations of negligence: First, that “the train was moving ■ eastwardly without having a watchman or lookout on the leading car,…