Rowe's Adm'r v. Chesapeake & Ohio Railway Co.

WADDILL, Commissioner.

The administrator of the estate of Fred Rowe, Jr., brought this action against the Chesapeake and Ohio Railway Company to recover damages for the alleged wrongful death of his intestate, whose body was found between the rails of a Chesapeake and Ohio Railway Company track at 7:30 a.m., October 11, 1952, at a place approximately five miles west of Elkhorn City, in Pike County. Upon trial of the case, and following a hearing of plaintiff’s evidence, the court sustained defendant’s motion for a directed verdict. This appeal is from a judgment dismissing the petition.

It is…