Chesapeake & Ohio Railway Co. v. Owens' Administrator

Opinion op the Court by

Judge Dietzman- —

Affirming.

Appellee, the administrator of Jeff Owens, deceased, brought this action against the appellant to recover for the alleged wrongful death of his decedent. On the trial he secured a verdict in the sum of $1,750, and from the judgment entered thereon the appellant'appeals.

The sole ground relied upon for reversal, is that the appellant’s motion for a peremptory instruction, made at the close of the whole case, should have been sustained. The facts are these:

The McKinney Steel Company operates a coal mine on Greasy creek in Pike county. The camp of…