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

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

In this action by John R. Ratcliffe’s administrator against the Chesapeake & Ohio Railway Company to recover damages for his death, a demurrer was sustained to the petition as amended and the petition dismissed. Plaintiff appeals.

The allegations of the petition as amended are in substance as follows: As part of its line of railway, the defendant maintains a bridge across the Little Sandy river. The bridge is located in the town of Hitchens, a place of about 1,000 inhabitants. At all times during the day and night, the bridge is…