McNeill v. Atlantic Coast Line Railroad

Appeal by plaintiff from Rountree, J., at March Term, 1914, of Cum-BERLAND. This is an action instituted by tbe plaintiff, administrator of D. A. McAllister, for tbe wrongful death of bis intestate, alleged to bave been caused by tbe negligence of tbe defendant. Tbe allegations of negligence in tbe complaint are as follows: “That on tbe night of 29 December, 1912, tbe plaintiff’s intestate, while walking near tbe track, or attempting to cross tbe track of tbe defendant’s company, and dressed only in bis underclothes, was struck by a locomotive of tbe defendant company, near tbe signal station…