Payne v. Virginian Railway Co.

Lovins, Judge:

J. H. Foster was struck and instantly killed by a backing shifter train of The Virginian Railway Company, while he was walking in the yards of the railway company located in the village of Page, Fayette County, West Virginia. This action of trespass on the case, instituted by H. W. Payne, as administrator of the estate of J. H. Foster, against the railway company and H. E. Williams, an employee of the railway company, resulted in a verdict for plaintiff in the amount of ten thousand dollars. The Circuit Court of Fayette County entered judgment on the verdict, to which judgment a…