Chicago & Alton Railroad v. Eaton

This is an action on the case, brought by the appellee, as administratrix, to recover damages by reason of the death of her intestate, Charles Eaton, alleged to have been caused by appellant in having a rail removed from its main track, between Atlanta and Lawndale, without giving him notice thereof as he approached it as engineer of a locomotive pulling a freight train composed of about sixty cars, some of which were loaded, whereby said engine was derailed. The jury returned a verdict in favor of the appellee for $5000, upon which the court rendered judgment, which judgment has been…