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PETTRY v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 12206.

135 S.E.2d 729 (1964)

Fred PETTRY, Administrator of the Estate of Sandra Kay Pettry v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, a Corporation.

Supreme Court of Appeals of West Virginia.

Decided on Rehearing March 31, 1964.

Attorney(s) appearing for the Case

Huddleston & Bolen, Amos A. Bolen, Edwin W. Conley, Huntington, for appellant.

W. Hayes Pettry, Charleston, Rudolph L. Di Trapano, Cabin Creek, for appellee.

BERRY, Judge.

This case involves a civil action instituted in the Common Pleas Court of Kanawha County by Fred Pettry, Administrator for the Estate of Sandra Kay Pettry, deceased, against the Chesapeake and Ohio Railway Company, a corporation. The plaintiff's decedent, a nineteen months old child was struck and killed by one of the defendant's freight trains near Coalburg, Kanawha County, West Virginia on September 1, 1960.

At the trial of the case in the...

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