NORFOLD & PORTSMOUTH BELT L. R. CO. v. C. F. MUELLER CO.


90 S.E.2d 135 (1955)

197 Va. 533

NORFOLK AND PORTSMOUTH BELT LINE RAILROAD COMPANY v. C. F. MUELLER COMPANY. NORFOLK AND PORTSMOUTH BELT LINE RAILROAD COMPANY. v. Claud M. FORBES.

Supreme Court of Appeals of Virginia.

November 28, 1955.


Attorney(s) appearing for the Case

Willcox, Cooke & Willcox, Norfolk, for plaintiff in error.

Wolcott & Wolcott, Norfolk, for defendants in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.


WHITTLE, Justice.

Plaintiff, Forbes, sued the railroad company for personal injuries suffered by him, and the plaintiff, Mueller Company, sued for property damages to its truck, growing out of a crossing accident. The cases were tried together. The jury returned a verdict for each plaintiff and, over the objection of the railroad, judgments were entered thereon. We granted the railroad writs of error in each case.

The record disclosed that Forbes, pursuant...

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