DARLING v. BALTIMORE & O. R. CO.

No. 10346.

69 S.E.2d 139 (1951)

DARLING v. BALTIMORE & O. R. CO. et al.

Supreme Court of Appeals of West Virginia.

Decided November 13, 1951.

Dissenting Opinion December 11, 1951.

Petition for Rehearing Refused February 18, 1952.


Attorney(s) appearing for the Case

George S. Wallace, George S. Wallace, Jr., Huntington, for plaintiffs in error.

Jess Hammock, Huntington, M. J. Ferguson, Wayne, Lilly & Lilly and R. G. Lilly, all of Charleston, for defendant in error.


RILEY, Judge.

James Leon Darling, Sr., administrator of the estate of James Leon Darling, Jr., instituted in the Circuit Court of Wayne County this action of trespass on the case against The Baltimore and Ohio Railroad Company, Samuel I. Stephens, its engineer, and Hughie D. Bee, its fireman, to recover damages for the alleged wrongful death of plaintiff's decedent, caused by a collision between defendant railroad company...

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