NORFOLK AND WESTERN RAILWAY COMPANY v. JOHNSON


154 S.E.2d 134 (1967)

207 Va. 980

NORFOLK AND WESTERN RAILWAY COMPANY v. Joseph B. JOHNSON.

Supreme Court of Appeals of Virginia.

Rehearing Denied June 12, 1967.


Attorney(s) appearing for the Case

Thomas R. McNamara, Norfolk (Lawson Worrell, Jr., Williams, Cocke, Worrell & Kelly, Norfolk, on brief), for plaintiff in error.

Henry E. Howell, Jr., Norfolk (W. Cullen MacDonald, Howell, Anninos & Daugherty, Norfolk, on brief), for defendant in error.

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


I'ANSON, Justice.

Joseph B. Johnson instituted this action against the Norfolk and Western Railway Company (Railroad) to recover damages for personal injuries sustained when a hose used to transmit steam from a generator to passenger trains burst. The trial court sustained plaintiff's motion to strike Railroad's evidence, instructed the jury that Railroad was negligent as a matter of law, and submitted the case to the jury on the quantum of damages only. The jury...

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