West Virginia Supreme Court June 10, 1908 (Wenzel v. City & Elm Grove R. R.)

McWhorter, Judge:

This was an action of trespass on the case brought in the circuit cdurt of Ohio county by Philip C. Wenzel, administrator of Philip J. Wenzel, deceased, against the City & Elm Grove Railroad Company, a corporation, the declaration being filed September 27, 1906. The cause of the action was for the negligent killing of the plaintiff’s decedent by the defendant.