Nichols v. Raleigh-Wyoming Mining Co.

Maxwell, Judge :

Earl Nichols, administrator of Kathleen Nichols, deceased, was awarded writ of error to a judgment of the circuit court of Ealeigh County setting aside a verdict in his favor for $1,500.00 against Ealeigh-Wyoming Mining Company and awarding a new trial.

This is the third review of this case. Former opinions appear in 112 W. Va. 85, 163 S. E. 767, and 113 W. Va. 631, 169 S. E. 451. In each instance the ease was remanded for a new trial. Inasmuch as comprehensive statements of the facts are set forth in the other opinions, only an abridged statement will now be made.

Kathleen…