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

Opinion op the Court by

Judge Settle

Affirming.

In this action, brought by the appellee, John C. Berry, administrator of the estate of William Berry, deceased, against the appellants, the Chesapeake & Ohio Railway Company, Burton Belton, engineer, and Ed Y. Gilliam, fireman, in its employ, there was a recovery of a verdict and judgment for $8,000.00 damages. The refusal of the circuit court to grant appellants a new trial resulted in this appeal.

The decedent, William Berry, while walking westward on a track of the appellant company in the town of South Portsmouth, Greenup County, was struck and…