Stokey v. Norfolk & Western Railway Co.

Riley, Judge:

Frances E. Stokey, administratrix of the estate of Mary M. Stokey, deceased, instituted in the Circuit Court of McDowell County this action of trespass on the case for the alleged wrongful death of plaintiff’s decedent against the Norfolk and Western Railway Company and B. A. Neal, the railway company’s brakeman. To a judgment in the amount of ten thousand dollars based upon a jury verdict this writ of error and supersedeas is prosecuted.

The instant verdict is the result of a second trial of the action. The circuit court set aside a jury verdict rendered in the first trial in…