Justice v. AMHERST COAL COMPANY

Riley, Judge:

This action of trespass on the case was instituted by Henry Justice, who sues as administrator of the estate of Dallas Ray Justice Deceased, in the Court of Common Pleas of Kanawha County, against Amherst Coal Company, a corporation, for the alleged wrongful death on April 16,1955, of the decedent, Dallas Ray Justice, an infant ten years of age. The Court of Common Pleas of Ka-nawha County entered judgment in favor of the plaintiff and against the defendant, based upon a verdict of the jury in the amount of ninety-five hundred dollars.

Thereupon the defendant timely sought a writ…