Duncan v. New River & Pocahontas Consolidated Coal Co.

Henna, Judge:

C. W. Duncan, as administrator of the estate of Emma Louise Hornsby, in an action for death by wrongful act against New River & Pocahontas Consolidated Coal Company in the circuit court of Fayette County procured a judgment for $4,000.00, based upon a verdict for $7,000.00 reduced by order of the court to the amount of the judgment. To this judgment, the defendant prosecutes this writ of error. Plaintiff below assigns cross-error because of the reduction of the judgment below the amount of the verdict.

Plaintiff’s decedent was electrocuted by coming in contact with a wire fence…