Perry v. New River & Pocahontas Consolidated Coal Co.

RobinsoN, Judge:

This action is one by an administrator to recover damages for the alleged wrongful death of his decedent. The jury returned a verdict for plaintiff in the sum of five thousand dollars, which on motion the court set aside. By this writ of error we are called upon to say whether the judgment setting aside the verdict and awarding a new trial was warranted..Defendant’s demurrer to the declaration and to each count thereof was overruled. The declaration does not allege that the plaintiff was appointed and qualified as administrator, and we are pointed to Austin v. Calloway, 73 W.…