Smith v. Virginian Railway Co.

Riley, Judge:

In this action of trespass on the case, instituted in the Circuit Court of Mingo County, John Harrison Smith, Administrator of the Estate of Romaine Pinky Smith, an infant, who at the time of her death was eleven years and one month old, sought to recover damages from Virginian Railway Company, a corporation, for the alleged wrongful death of plaintiff’s decedent. This writ of error is prosecuted to the order of the Circuit Court of Mingo County, entered at the conclusion of plaintiff’s testimony, which struck out all the evidence, and directed a verdict for the defendant, and…