Pearson v. Norfolk & W. Ry. Co.

McDOWELL, District Judge.

The declaration in this case begins as follows: “A. G. Pearson, administrator of the estate of Ambrose Pearson, deceased, plaintiff, comes and says,” etc. The plaintiff is alleged to be a citizen of North Carolina; the defendant to be a corporation created under the laws of Virginia, having its principal office in this district. The action is for the alleged negligent killing in West Virginia of Ambrose Pearson by the defendant’s employees. The West Virginia wrongful death statute reads as follows:

“Action for Wrongful Death. — Whenever the death of a person shall be…