Robertson v. Coal & Coke Railway Co.

Lynch, Judge :

As executor of John R. Grubb, plaintiff brought this action to recover damages for injuries indicted by defendant upon the testatpr from which his death ensued a few hours later. A verdict and judgment for $8,700 resulted from a trial of the ac-' tion, and defendant prosecutes this writ to reverse it.

Defendant owns and operates a railroad from Elkins southward to Charleston, the greater part of the distance being along Elk River. Clendenin, a town of approximately 1,500 people, is an intermediate station. A freight train composed of an engine, tender and twenty-seven cars bound…