Johns v. BLUE RIDGE TRANSFER COMPANY

H. P. Johns and J. L. Fray, administrators of Harvey Howard Rosson, hereinafter called plaintiffs, instituted action under § 8-633, Code 1950, and cognate sections, commonly called the death by wrongful act statute, against Nelson Fred Lundy, and Blue Ridge Transfer Company, Incorporated, hereinafter called Blue Ridge. They alleged that their decedent was killed by the negligence of Lundy while acting as the agent of defendant corporation.

The pertinent parts of the death by wrongful act statute appear m the margin. 1

Blue Ridge and Lundy interposed a special plea to the motion for judgment and…