Ohio & Mississippi Railway Co. v. Simms

Green, P„ J.

Appellee, administrator of the estate of Andrew J. Lackey, brought this suit under the statute to recover damages for the death of the intestate, alleged to have resulted from injuries occasioned by defendant’s negligence. This negligence, as charged in the plaintiff’s declaration, is in running defendant’s train at an immoderate rate of speed through the city of Sumner, and at a rate forbidden by the city ordinance, and permitting the postal clerk upon the postal car in said train, while the train was running at such speed, to carelessly throw from the car upon defendant’s…