Smith v. Southern Ry. Co.

KNIGHT, Justice.

The appellants, plaintiffs in the court below, instituted this suit in the Circuit Court of Jefferson County against the defendants to recover damages for the wrongful death of Loys D‘. Smith, the husband of the plaintiff Ludie Smith, and father of the minor Alma Smith.

To the single special plea filed in the cause by the defendant, the plaintiffs interposed a demurrer, assigning a number of grounds. The court overruled the demurrer, and the plaintiff thereupon took non-suit on account of this adverse ruling of the court, with appeal upon the record.

The only assignment of error…