Couch v. Chesapeake & O. Ry. Co.

Dent, Judge:

On a demurrer to evidence in the case of James H. Couch, Jr., administrator, etc., against the Chesapeake & Ohio Kailway Company, the Circuit Court of Kanawha County gave judgment for the defendant. The plaintiff obtained a writ of error. The material part of the evidence is as follows: Frank Morris Hodge, an infant two years of age, was killed while sitting on the end of a cross-tie on the defendant’s road, by one of defendant’s freight engines. He had but a few moments prior thereto slipped away from the. presence of his parents, who resided across the public road from the place…