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TURNER v. NORFOLK SOUTHERN RAILWAY COMPANY

139 S.E.2d 68 (1964)

205 Va. 691

Annie TURNER, Administratrix, etc. v. NORFOLK SOUTHERN RAILWAY COMPANY.

Supreme Court of Appeals of Virginia.

November 30, 1964.

Attorney(s) appearing for the Case

Howard I. Legum, Norfolk (Fine, Fine, Legum, Schwan & Fine, Norfolk, on brief), for plaintiff in error.

William C. Worthington, Norfolk (Worthington, White & Harper, Norfolk, on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON and CARRICO, JJ.

I'ANSON, Justice.

Annie Turner, administratrix of the estate of James Turner, deceased, instituted this action to recover for the wrongful death of her intestate who was killed, while sitting on the end of a crosstie of a railroad track, by a train of the Norfolk Southern Railway Company, defendant herein. There was a jury trial, and after plaintiff rested her case the trial court sustained a motion to strike the evidence and entered summary judgment for the defendant...

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