Camp v. Atlantic Coast Line R. Co.

FOSTER, Justice.

The question on this appeal is whether we should reverse the trial court in setting aside a judgment for plaintiff, who is the appellant, complaining of such ruling. .

Plaintiff’s intestate, H. L. Camp, was killed on April 13, 1946, while serving defendant as switchman at about 8:30 p. m. The case was tried on counts 1 and A. Count 1 was based on the claim that Camp came to his death by the negligence of the servants, agents or employees of defendant, and is framed to apply to section 51, Title 45 U.S.C.A. (Federal Employers’ Liability Act). Count A is founded on a failure to…