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CHESAPEAKE AND OHIO RAILWAY COMPANY v. KINZER

142 S.E.2d 514 (1965)

206 Va. 175

CHESAPEAKE AND OHIO RAILWAY COMPANY v. James L. KINZER.

Supreme Court of Appeals of Virginia.

June 14, 1965.

Attorney(s) appearing for the Case

Aubrey R. Bowles, III, Richmond (Aubrey R. Bowles, Jr., Meade T. Spicer, Jr., Bowles, Boyd & Herod, Richmond, on brief), for plaintiff in error.

Frank C. Maloney, III, Richmond (Allen, Allen, Allen & Allen, Richmond, on brief), for defendant in error.

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

BUCHANAN, Justice.

James L. Kinzer, plaintiff, brought this action against Chesapeake and Ohio Railway Company, defendant, for damages for injuries suffered by him when the truck he was driving was struck by defendant's train at a crossing in the city of Staunton. On trial to a jury he recovered a verdict for $47,500, on which the court entered judgment, and we granted defendant a writ of error.

Under its assignments of error defendant contends (1) that the...

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