Baltimore & Ohio R. R. v. Gettle
West Virginia Supreme Court
Elizabeth Gettle, as administratrix of Frederick Gettle, brought an action against the Baltimore and Ohio railroad company, in the circuit court of Berkeley county, to November rules, 1866. The action was trespass on the case. The declaration was filed at December rules following. In April, 1867, the defendant pleaded not guilty, and the case was continued.
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Elizabeth Gettle, as administratrix of Frederick Gettle, brought an action against the Baltimore and Ohio railroad company, in the circuit court of Berkeley county, to November rules, 1866. The action was trespass on the case. The declaration was filed at December rules following. In April, 1867, the defendant pleaded not guilty, and the case was continued. In October there was a demurrer to the declaration, which was sustained, and leave was given to file an amended declaration, which was done at the same term. The amended declaration was as follows : “ Flizabeth Gettle, administratrix of…
1Opinion of the Court
BERKSHIRE J.
The first question for our consideration arises on the demurrer to the declaration. The action is trespass on the case, and founded on the act of the 9th of November, 1863, p. 113, for damages for the killing of plaintiff’s intestate, Frederick Gettle.
The objection to the declaration is, that it fails properly to aver that the decedent had a widow or next of kin, for whose benefit alone it is claimed the action could be maintained. *384The second section oí the act provides that the action shall be brought by and in the name of the personal representative of the decedent, and that the…
2Cases cited1 opinion
- Gibson v. FristoeCourt of Appeals of Virginia · 1797
3Cited by13 opinions
- Madden's Adm'r v. C. & O. Railway Co.West Virginia Supreme Court · 1886
- Searle v. Railway Co.West Virginia Supreme Court · 1889
- Southern Pacific Co. v. WilsonArizona Supreme Court · 1906
- Wilder v. Charleston Transit Co.West Virginia Supreme Court · 1938
- State v. DouglassWest Virginia Supreme Court · 1882
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