DeBoard v. Camden Interstate Railway Co.

PoffeNbarger, Judge:

In an action of trespass on the case for damages, for wrongfully refusing to carry him on its street car, and ejecting him therefrom, William J. DeBoard obtained, in the circuit court of Cabell county, a verdict against the Camden Interstate Eailway Company, for the sum of $300.00, which the court, on the motion of the defendant, set aside. Under clause 9 of section 1 of chapter 135 of the Code of 1899, section 4038, Code of 1906, allowing, in any civil case, where there is an order granting a new trial, an appeal from such order, DeBoard obtained a writ of error.

As the…