West Virginia Supreme Court June 9, 1925, 4874 (Gray v. N. & W. Railway Co.)

McGinnis, Judge:

On September 28, 1920, W. T. Tomlinson was accidentally killed on a railroad crossing by a west bound work train of the Norfolk and Western Railway Company. The engine of said work train was operated by John W. Kidd as engineer and C. R. Boyd as fireman. A suit was instituted, by B. Hampton Gray, as administrator of said Tomlinson, against said Railway Company, John W. Kidd and C.