Webb v. Railway Co.

This was an ' action by an administrator to recover damages for the killing of plaintiff’s intestate by the negligence of the employes of defendant company in the running of a train of cars.

There was a verdict and judgment for the plaintiff' in the sum of $5,500, to reverse which, after the refusal of the Circuit Judge to grant a new trial, the defendant has brought the case here on writ of error.

The declaration contained two counts, ' in the first of which the plaintiff' declares on the facts in an action on the case at common law. In the second, the right of recovery is placed upon the…