Thomas v. Kanawha & Michigan Railway Co.

Litz, Judge:

The plaintiff, D. H. Thomas, as Executor of the estate of W. H. Kelly, deceased, instituted this action in trespass on the case against the defendant, The Kanawha & Michigan Railway Company, to recover damages for the alleged wrongful death of the decedent, resulting from a collision between a passenger train of defendant' and a Reo motor truck in which the decedent was riding, owned and driven by his son, Grover C. Kelly. The defendant complains of verdict and judgment of $5,000.00 in favor of the plaintiff.

The accident occurred in the early morning of August 23, 1922, at a…