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JUSTICE v. AMHERST COAL COMPANY

No. 10906.

101 S.E.2d 860 (1958)

Henry JUSTICE, Administrator, etc. v. AMHERST COAL COMPANY.

Supreme Court of Appeals of West Virginia.

Decided February 18, 1958.

Attorney(s) appearing for the Case

Jackson, Kelly, Holt & O'Farrell, W. T. O'Farrell, James K. Brown, Charleston, for plaintiff in error.

Martin C. Bowles, Toney E. Cline, Charleston, for defendant in error.

RILEY, Judge.

This action of trespass on the case was instituted by Henry Justice, who sues as administrator of the estate of Dallas Ray Justice, deceased, in the Court of Common Pleas of Kanawha County, against Amherst Coal Company, a corporation, for the alleged wrongful death on April 16, 1955, of the decedent, Dallas Ray Justice, an infant ten years of age. The Court of Common Pleas of Kanawha County entered judgment in favor of the plaintiff and against the defendant...

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