Norfolk & W. Ry. Co. v. Holbrook

DENISON, Circuit Judge.

When his automobile was struck by a railway train at a highway crossing, Holbrook was badly injured and his wife and child killed. On his own behalf and as administrator of each deceased, he brought these suits in the court below; they were for convenience tried as one, and there was a verdict for the plaintiff in each. This appeal sharply presents two questions of law: Was there a lack of any evidence showing the railroad’s negligence? and was there contributory negligence by Holbrook, conclusively barring recovery ? As to the latter question, the result which we reach…