Chesapeake & Ohio Railway Co. v. Plummer

Opinion op the Court by

Judge Carroll

Affirming.

While the appellee Plummer was engaged in placing tan bark in a car of the appellant company, which was standing on the “house track” at Yanceburg, the car in which he was working was struck by a moving car— the result being that he was thrown down and severely injured. To recover damages for the injuries thus sustained, he brought this action, and upon a trial the jury gave him $1,500.00. A reversal is asked, first: Because the court refused to direct a verdict for the appellant, and second: for error in giving and refusing instructions.

The facts…