Erwin v. Davenport

J. W. Burton, Sp. J.,

delivered the opinion of the Court.

H. L. Erwin, as administrator of Thomas O. Cul-ver, deceased, for the use of his widow and children,, sues D. E. Davenport for $10,000 damages, for running a train of cars over and killing the said Culver.

It is averred in the declaration that D. E. Davenport was appointed receiver of the Winchester and Alabama Railroad, in pursuance of the law on that subject, and while possessing, managing, and controlling the said road, and while engaged in running and *46causing to be run an engine and train of cars on and over said road, by the…