Burgess v. Gilchrist

Rose, Judge:

This writ of error brings here for review the order of the Circuit Court of Kanawha County which reversed the judgment of the Court of Common Pleas of that county in favor of James Burgess, administrator of the estate of Frank Burgess, deceased, and against James Gilchrist for $7,000.00, set aside the jury’s verdict, and awarded the defendant a new trial.

This action is based on the death of the plaintiff’s intestate resulting from his having been struck by an automobile owned and driven by the defendant. No demurrer was interposed to the declaration, and the only plea was that of…