Louisville N. R. Co. v. Sunday

LAWSON, Justice.

This action was originally filed by Century Sunday, as administrator of the estate of Mary Ann Sunday, deceased, under the wrongful death or homicide statute, § 123, Title 7, Code 1940, against the Louisville & Nashville Railroad Company.

The amended complaint upon which the case was first submitted to the jury contained six counts. The first, third, and fourth ascribed the death of Mary Ann Sunday to the negligence of the agents or servants of defendant, acting within the line and scope of their employment. The second count charged willful and wanton conduct on the part of…