Chesapeake & Ohio Railway Co. v. Crouch

Jewel Ramsey Crouch, administratrix of the estate of Malcolm Lee Crouch, deceased, filed a motion for judgment against Chesapeake and Ohio Railway Company, the defendant, seeking to recover damages for the allegedly wrongful death of Malcolm Lee Crouch. The motion for judgment alleged that the defendant had negligently caused to be started on its right-of-way a fire which spread to adjoining property and that when the deceased, “in response to request from Forest Warden,” attempted to extinguish the fire, he was severely burned, resulting in his death.

The defendant filed grounds of defense…