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BELCHER v. NORFOLK AND WESTERN RAILWAY COMPANY

No. 10680.

87 S.E.2d 616 (1955)

Lillie Bell BELCHER, Administratrix, v. NORFOLK AND WESTERN RAILWAY COMPANY et al.

Supreme Court of Appeals of West Virginia.

Decided May 24, 1955.

Dissenting Opinion June 2, 1955.

Rehearing Denied July 27, 1955.

Attorney(s) appearing for the Case

Wade H. Ballard, II, Leon P. Miller, Welch, for plaintiff in error.

J. Strother Crockett, Crockett & Tutwiler, Welch, for defendants in error.

LOVINS, President.

This action was brought in the Circuit Court of McDowell County by Lillie Bell Belcher, administratrix of the estate of Garrett Hiram Belcher against the Norfolk and Western Railway Company and G. D. Spangler, to recover damages for the death of her husband, caused by a railway crossing accident which occurred on December 14, 1952.

The plaintiff introduced proof and rested her case. At that time the defendant moved to strike the evidence...

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