Jacobs v. Atlantic Coast Line R.

(dissenting) : This is an appeal from a judgment in favor of the defendants, entered upon a verdict directed by the presiding Judge, Hon. Carroll C. Simms, Special Judge, at April term, 1926.

The action is for damages, against the railroad company and its engineer, on account of the alleged wrongful death of a young son of the plaintiffs. The boy was killed, not by any instrumentality or agency of the railroad compány, but by being run over by an automobile driven by one Braddock, practically on a railroad crossing of a public street in the town of Cheraw.

The alleged negligence of the…