Martin's Administrator v. Baltimore & Ohio Railroad

I cannot agree that this action abates or that the writ of error should be dismissed, because of the death of the original plaintiff.

In the discussion at the bar of the question whether the action had abated by the death of the plaintiff, reference was made to chapter 103 of the Code of West Virginia, giving to the personal representative of one whose death has been caused by the wrongful act, neglect, or default of any person or corporation, a right -of action for damages against such person or corporation. The right to bring such action is limited to two years, and the damages recovered…