McCreary v. Chesapeake & Ohio Railway Co.

LyNoii, Judge:

In this action, commenced by W. E. McCreary before a justice, against the Chesapeake & Ohio Railway Company, to recover damages for the killing of a horse by defendant’s train near Tuckahoe in Greenbrier county July 8, 1910, plaintiff obtained in the circuit court the judgment brought here by defendant on writ of error.

The accident occurred near the western portal of a tunnel on defendant’s line of railroad. No one saw the injury inflicted ; and only two witnesses testified on the trial, the plaintiff in his own behalf, the engineer for defendant. "Whether the engine collided…