Nashville, Chattanooga & St. Louis Railway v. Foster

Cooke, Sp. J.,

delivered the opinion of the court. ■

This was an action instituted by the administrator of Charles G. Turner, dec’d, against x the plaintiff in error, in the law court of Davidsp'n county, seeking to recover damages for the alleged wrongful killing of the plaintiff’s intestate, who was at the time of his death employed in the capacity of brakesman upon a freight train of the defendant company. There was a verdict and judgment for the plaintiff below, and a new trial having been refused, the defendant appealed to this court.

*353A great many errors have been assigned in argument and…