Hunt's Adm'r v. Chesapeake & O. Ry. Co.

MOREMEN, Judge.

On January 7, 1948, a freight train of the appellee, Chesapeake & Ohio Railway Company, struck a coal truck owned and operated by Ted E. Hunt, who was killed. A suit for damages was filed, and, when it came on for trial, at the conclusion of all the evidence, the court. directed a verdict for appellee.

Appellant contends that decedent was not guilty of contributory negligence as a matter'of law and, therefore, appellee’s motion for a directed verdict should have been denied.

This accident, happened near Boldman, a community near the south bank of the Big Sandy River. From this…