Mylett's Administrator v. Burnley

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

*279Charging that his decedent was unlawfully shot and killed by J. it. Burnley and Wiley B. Wright, the sheriff and deputy sheriff of Carlisle County, plaintiff, John H. Bracken, as administrator of T. J. Mylett, brought this action against Burnley and Wright and their bondsmen to recover damages for his death. A trial before a jury resulted in a verdict and judgment for the defendants. Plaintiff appeals.

The facts are these:

Mylett was a railroad bridge builder, and was traveling on an Illinois Central freight train from East Cairo…