Hereford v. Meek

Haymond, President:

These two cases were certified to this Court by the Circuit Court of Cabell County on its own motion. By agreement of counsel and leave of this Court they have been argued and submitted for decision together and, as the controlling question is identical in each, they are dealt with in one opinion. In one of them the plaintiff, Sally H. Hereford, seeks to recover from the defendant, John B. Meek, executor of the last will of Robert R. Steele, deceased, damages for personal injury which she alleges was caused by the negligence of Steele, prior to his death, in the operation,…