Bunn v. Norfolk, Franklin & Danville Railway Co.

There was credible positive evidence from the decedent’s grandson that the train horn was not sounded and that the bell was not rung, Poole v. Hassell, 206 Va. 97, 101, 141 S.E.2d 707, 710 (1965); Chesapeake & Ohio Ry. v. Jacobs, 166 Va. 11, 17-18, 183 S.E. 221, 224 (1936), yet the majority decides as matters of law the issues of negligence and proximate cause. I disagree. In my opinion, these questions were pure matters of fact proper for jury determination. Therefore, arid because the trial court committed prejudicial error by allowing the jury to consider the tables of speed and stopping…