Western & Atlantic Railroad v. Bussey

Atkinson, Justice.

Mrs. Bussey sued the defendant company for damages because of the homicide of her husband, alleged, in substance, to have been caused by the negligence of the agents of the defendant in turning one of its switches to a side-track upon which one of the trains of the company was standing, and in so leaving the switch as that when the train upon which her husband was the engineer was due arrived at that place, his engine took the side-track and collided with the train thereon ; and because the defendant was further negligent in that, it being dark at the time of the collision,…