Horne v. Southern Railway Company

The opinion of the Court was delivered by

Mr. Justice Baker.

This is an action under Rord Campbell’s Act for the wrongful death of respondent’s intestate, alleged to have been caused by the negligence of appellants.

There are fourteen specifications of negligence in the complaint, but we set out only specifications (a), (b), (c), (d), and (f) :

“(a) In failing and omitting to keep a proper lookout on the said train when approaching the flag station at Byrd’s when they knew or should have known that persons regularly stood near their tracks for the purpose of flagging the said train at the said…