Hoylman v. Kanawha & Michigan Ry. Co.

Brannon, Judge:

John L. Porter took passage on a train of the Kanawha & Michigan Kailroad at Charleston to go to Wicher, a flag station on that railroad, and in getting off the train was killed, and his administrator recovered in the circuit court of Kanawha county a verdict and judgment for five thousand dollars against the railroad company, and the company brings the case here.

There is no conflict of evidence in the case. Tested by the evidence adduced by the plaintiff the facts are: That Porter sat in the third seat some ten feet from the door of the car, *265and he was engaged in active…