Wessling

Plaintiff: sued for damages for the death of her adult son, Lester G. Wessling. The cause was tried with a jury, which returned a verdict for the defendant. From the judgment on the verdict plaintiff has appealed upon .typewritten transcripts.

On July 1, 192'6, at about 5 :45 P. M. Albert and Lester Wessling left the latter’s home in the city of Richmond in an automobile owned by Lester Wessling and his mother and driven by Lester. The brothers were on their way to the postoffice in the business section of the city and their route took them over Barrett Avenue to the crossing of defendant’s tracks. As they approached the crossing from the east they stopped to let train number 48, which was proceeding northerly, pass. They then drove slowly over the crossing and when they reached the westerly track they were struck by train number 7, which was traveling to the south into the Richmond station. The driver of the car, Lester Wessling, had passed over this crossing frequently and was thoroughly familiar with the surroundings. An automatic “wigwag” was maintained on the northeast corner of the crossing. A flagman was housed at the southwest corner. This flagman ordinarily stood near…