Carter v. Norfolk & Western Railway

STEPHAN, Chief Judge.

Plaintiffs, Mark Carter and his mother, as next friend and legal guardian responsible for his medical expenses, appeal from a judgment entered on a jury verdict in favor of defendants, Norfolk and Western Railway and the general manager of its western region, Edward Murry. We reverse and remand for a new trial on the ground that a withdrawal instruction was erroneously given which had a prejudicial effect on the plaintiffs’ case.

On May 15, 1979, sixteen-year-old Mark Carter and three of his friends hopped a ride on Norfolk and Western’s transfer train M05B. When the train…