Lytle v. Southern Ry. &8212 Carolina Division

The opinion of the Court was delivered by

Mr. Chief Justice Blease.

In a former appeal to this Court in this cause (Lytle v. Southern Ry. —Carolina Division, 152 S. C., 161, 149 S. E., 692), we affirmed the order of the Circuit Court overruling a demurrer of the defendant to the complaint. We held, quoting the syllabus, as follows : “Action may be maintained by legal representative for wrongful death of deceased employee in North Carolina under Federal Employers’ Liability Act (45 U. S. C. A., §§ 51-59) for benefit of employee’s mother, where there is no father or children and where woman…