Pettry v. Chesapeake and Ohio Railway Company

Berry, Judge:

This case involves a civil action instituted in the Common Pleas Court of Kanawha County by Fred Pettry, Administrator for the Estate of Sandra Kay Pettry, deceased, against the Chesapeake and Ohio Railway Company, a corporation. The plaintiff’s decedent, a nineteen months old child was struck and killed by one of the defendant’s freight trains near Coalburg, Kanawha County, West Virginia on September 1, 1960.

At the trial of the case in the Common Pleas Court the jury returned a verdict in favor of the plaintiff in the amount of $10,000. The defendant’s motion for a judgment…