CHESAPEAKE AND OHIO RAILWAY COMPANY v. HARTWELL

No. 10818.

95 S.E.2d 462 (1956)

The CHESAPEAKE AND OHIO RAILWAY COMPANY v. Irene Tabor HARTWELL. Irene HARTWELL v. The CHESAPEAKE AND OHIO RAILWAY COMPANY.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1956.


Attorney(s) appearing for the Case

Fitzpatrick, Marshall, Huddleston & Bolen, William C. Beatty, Huntington, for plaintiff in error.

Spencer P. Simpson, Charleston, for defendant in error.


RILEY, Judge.

These two actions of trespass on the case were instituted in the Circuit Court of Kanawha County, and were consolidated by an order of that court.

In the first action The Chesapeake and Ohio Railway Company, a corporation, sought to recover $1,683.02 for property damage to one of its passenger trains, being designated in the record as a first-class train, in a collision between the train and an automobile owned and driven by the defendant, Irene...

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