Fleming v. Hartrick

Miller, Judge:

This is an action for the alleged wrongful and negligent killing by the defendant of plaintiff’s wife, by running over her with his automobile while she was walking on or over the railway track of the Monongahela West Penn Public Service Company paralleling the public street or road known as the Fairmont and Weston Turnpike, south of the city limits of the City of Fairmont, in Marion County.

On a plea of not guilty the jury returned a verdict for plaintiff for $3,500.00, on which the court pronounced the judgment complained of on the present writ of error.

The only errors assigned…