Jenkins v. Southern Ry.—Carolina Division

(dissenting) : The only matter that I desire to discuss is, what I consider the vital issue in the appeal, the proposition maintained by the railroad company :

Under a complaint based specifically upon the Employers’ Liability Act of Congress, for damages on account of the wrongful death of an employee, it having been judicially ascertained that the deceased was not an employee, but a trespasser, the plaintiff is not entitled to recover, upon proof of the negligent or willful conduct of the defendant’s agent.

It does not matter that the act of the agent of the company is characterized as…