Louisville, Evansville & St. Louis Consolidated Railroad v. Summers

The appellee, as administrator of the estate of David Underwood, deceased, brought this action to recover damages for the death of his intestate, who was' a track-walker and watchman, employed by the original defendant, the Louisville, Evansville and St. Louis Bail-road Company, and who was killed while in the discharge of his duty.

Four questions are discussed :

1. The sufficiency of the amended complaint.

2. Overruling appellant’s motion for a judgment non oh~ stante.

3. Overruling appellant’s motion for a new trial.

4. The substitution of the appellant as defendant, by order of the court, after…