Smith v. Hines

This action arises out of a collision between an automobile truck operated by the plaintiff’s intestate, Amos Chapman, and a train operated by the Director General of Railroads over the Norfolk and Western Railway, in which Chapman was instantly killed and the truck demolished. The jury returned a verdict for $10,000 in favor of the plaintiff, subject to the ruling of the court on a demurrer to the evidence. The demurrer was sustained and judgment entered for the defendant, and the ease is here on a writ of error.'

The Berryville turnpike, extending from the Shenandoah river to Winchester,…