Tennessee, Alabama & Georgia Railroad v. Neely

This case was before the Supreme Court on substantially the same record as in the present case. The only two points involved in the case then are the only two points now involved. Those two points are, first, whether the plaintiff was the lawful wife of the decedent and was therefore entitled to bring the suit for his homicide by the defendant railroad companjr, and, secondly, whether the decedent, at the time he was killed by the railroad *492company, was himself guilty of such negligence as would prevent his widow from recovering damages for his death. The Supreme Court, in Neely v. Tennessee,…