Malone's Ex'x v. Chesapeake & O. Ry. Co.

Opinion op the Couht by

Judge Clay

Affirming.

Catherine Malone, as executrix of Thomas Malone, ■deceased, brought this suit against the Chesapeake & Ohio Railway Company, Charles Frey, its engineer, John Davenport, its fireman, and John Lewis, its foreman, to recover damages for his death. The first trial resulted in a verdict and judgment for the defendants. A new trial was granted,, and on the second trial the jury again returned a verdict in favor of the defendants. Plaintiff appeals.

Briefly the facts are these: A short time prior to the accident Malone, Harry Brówn, a special agent and…