Kramer v. . R. R.

FAIRCLOTH, C. J., and FURCHES, J., dissenting. This case was disposed of at the last term of this Court by a per curiam, order affirming the judgment below, which was in favor of the defendant. A petition by the plaintiff to rehear was allowed, and the case is again before us for our reconsideration. The action was brought by the mother of the child, as his administratrix, under sec. 1498 of The Code, to recover compensation for the pecuniary (329) injury resulting from the death. The plaintiff in her complaint alleged that the defendant owed the public and her intestate the duty of keeping…