Carruthers v. . R. R.

(Pertinent facts are included in the opinion.)

The plaintiff Carruthers, as administrator of Herbert L. Burroughs, and as administrator of Luther Burroughs, brought separate actions against the defendant Railway Company for recovery of damages for the injury and death of his intestates, respectively, alleged to have been brought about by the negligence of the defendant. The actions were consolidated and tried by consent in the lower court, and in this Court the appeals of plaintiff were heard together.

The evidence pertinent to our investigation may be succinctly stated. It tends to show that…