Chesapeake & Ohio Railway Co. v. Preston's Administratrix

Opinion op the Court by

Commissioner Stanley

Reversing.

In the early afternoon of January 2, 1926, the fireman of appellant’s train No. 1429 discovered the body of Win Preston stooping or leaning against a high cliff on the west side of the railroad. When the train had been stopped and the witness reached the body, it had fallen into the ditch six feet or more from the rail. Members of the crew testified that the body was neither hot nor cold, and one of them expressed the opinion that Preston had been dead about half an hour. The body was much bruised and several bones broken. The deceased’s…