Haley's Administrator v. Chesapeake & Ohio Railway Co.

Opinion op the Court by

Judge Settle

Reversing-.

This action was instituted by appellant, as administrator of the estate of Mrs. Martha Ann Haley, to recover of the appellee, Chesapeake & Ohio Railway Company and Bolivar Wesley, its locomotive engineer, damages for her death; caused, as alleged, by the negligent operation of one of the railway company’s passenger trains, of which Wesley was the engineer. Wesley died, however, before the case went to trial and the action was duly revived against his administrator.

• The appellees filed a joint and separate answer, containing a traverse and plea of…