Montgomery v. Southern Railway Co.

Ella Montgomery, administratrix of the estate of Mack Montgomery, sued the Southern Railway Company in Gordon Superior Court, for damages for herself as an individual, under the provisions of Code § 105-1309, on account of the death of Mack Montgomery, upon whom she alleged she was dependent and who contributed to her support, and who was killed when a train operated by the defendant struck the truck which he was driving.

Paragraph 17 of the petition is as follows: “Petitioner shows that said defendant, its agents and employees, were guilty of negligence per se in that: (a) That while…