Legal Opinion

Donnally v. Payne

West Virginia Supreme Court

Decided November 22, 1921PublishedCited by 2 opinions

Error to Circuit Court, Kanawha County. Action by Wirt W. Donally, administrator, of the estate of Joel il. Meadors, deceased, against John Barton Payne, Director General of Railroads of the United States, for damages for wrongful death of plaintiff’s intestate. A verdict for plaintiff was set aside, and judgment rendered for the defendant, and the plaintiff brings error.

1Opinion of the Court

Poffenbarger, Judge:

Joel H. Meadors, in alighting from a train of the Kanawha and Michigan Railway Company, at Sattes- Station, on the night of October 25; 1918, as a passenger and in an unusual manner, fell between the first coach of the train and the tender, and was killed,' after having been dragged or carried along for a distance of -40 to 80 feet. In this action by his administrator against the Director General of Railroads, for recovery of damages for alleged wrongful death, the jury found a verdict in his favor for $10,000.00, which the trial court set aside, as being unsustained by…

2Cases cited24 opinions

  1. Railroad Co. v. JonesSupreme Court of the United States · 1877
  2. Coalmer v. BarrettWest Virginia Supreme Court · 1907
  3. Chicago & Alton Railroad v. FisherIllinois Supreme Court · 1892
  4. McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  5. Cartwright v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1884

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3Cited by2 opinions

  1. Adams v. SparacioWest Virginia Supreme Court · 1973
  2. Keirn v. McLaughlinWest Virginia Supreme Court · 1939

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