Louisville N. R. Co. v. Rogers

BROWN, Justice.

This is an action on the case by the administratrix of Tobe R. Rogers, deceased, under the Homicide Act, Code of 1923, § 5696, Code of 1940, Title 7, § 123, against the appellants, the Louisville and Nashville Railroad Company, and its engineer Hobbs, for negligently causing the death of the plaintiff’s intestate. The complaint consists of three counts. The first count, in the first paragraph thereof avers that said Hobbs in charge of the defendants’ locomotive, acting within the scope of his authority, “negligently ran said locomotive into, over or against the plaintiff’s said…