Mize v. Blue Ridge Ry. Co.

These cases were argued during the June, 1950, term of this Court. On ^September 25, 1950, an opinion was filed affirming the judgments rendered by the Court below. Subsequently a petition for a rehearing was granted and certain phases of the case were reargued at the December, 1950, term. This opinion will be substituted for the opinion heretofore filed.

About 7:00 p. m. on August 18, 1948, a motorcycle upon which Troy Donald Mize and his nephew, Clyde Edward Mize, seventeen and fifteen years of age, respectively, were riding, collided with a train of the Blue Ridge Railway Company at a…