Moore v. Southern Railroad

BROWN, J., dissenting; WALKER, J., concurring in the dissenting opinion. This is an action for the wrongful death of plaintiff's intestate through the negligence of a fellow-servant. The baggage agent of the defendant left a loaded revolver in a drawer in the desk in the baggage room. It was lying upon some baggage checks, and the baggage agent in removing the pistol from the drawer in order to get the checks, held it in one hand while pulling open another drawer, causing the pistol to fire. It was directed towards the deceased, a fellow-servant in the employ of the defendant, and was…