Wilder v. Charleston Transit Co.

Riley, Judge:

The plaintiff administrator brought this action of trespass on the case under Code, 55-7-5, 6 (the! so-called wrongful death statute), to recover damages for the alleged wrongful death of his decedent. On its own motion, the Circuit Court of Kanawha County certified its ruling in reversing the ruling of the Court of Common Pleas and sustaining a demurrer to defendant’s special plea.

The declaration contains no allegation that decedent was survived by a widow or next of kin capable of taking any recovery provided by law for the distribution of personal estates left by persons dying…