Waller v. Norfolk & Western Railway Co.

Maxwell, Judge:

Defendant prosecutes tbis writ of error to a judgment of tbe circuit court of Mingo county for $7,000 damages for the alleged wrongful death of plaintiff’s decedent, Lazarus Waller, at a railroad crossing, at Nolan in Mingo county.

There are double railroad tracks through Nolan, extending practically east and west. The north track is for the east bound trains and the other for the west bound. The public highway crosses the railroad tracks from the north to the south side at the east end of the town, extending practically parallel with the tracks through the town and there…