Carroll v. Fetty

Riley, Judge:

Harold Fetty prosecutes error to a judgment of the circuit court of Kanawha County affirming the action of the court of common pleas in entering judgment on a jury verdict against him in an action of trespass on the case for wrongful death, wherein E. H. Carroll, administrator of the estate of Mildred Ruth Carroll, deceased, was plaintiff, and Fetty was defendant.

On Friday, January 13, 1936, the decedent, a little girl of six years of age, was seriously injured by an automobile driven by defendant and died early the next morning. On Sunday afternoon following, the father of the…