Powell v. Virginian Railway Co.

The plaintiff, Powell, brought suit against Virginian Railway Company for injuries to himself and damage to his automobile caused by a collision with a loaded coal car, which he claimed the defendant had negligently left standing at night, unlighted and unattended, on the highway on which he was driving. The verdict of the jury was for the defendant, on which the court entered judgment. We are asked to reverse this judgment for error in instructions given for the defendant.

The accident happened on State Highway No. 360, at a place called Virso, where a railroad siding, composed of two tracks,…