Nashville & Chattanooga Railroad v. Smith

This action is brought in the name of the administrator of John Smith, deceased, for use of the widow and children, heirs and distributees of said John Smith, to recover damages against the Nashville and Chattanooga Railroad Company for killing the said John Smith, by running a train of cars over him about the last of September, 1865.

The declaration alleges that the engine, with a train of cars attached, at an unusual time and hour of the night, when engines and cars were not accustomed to run upon said road, it being very dark, with no head light on said engine, or other light, without…