Breed v. Atlanta, B. C. R. Co.

This is an action on the case by the appellant as the administrator of Joe Breed, deceased, for his wrongful death under § 5696 of the Code, 1923, Code 1940, Tit. 7, § 123.

Counts one and two of the complaint aver, in short, that while said Joe Breed was in the act of crossing the defendant's railroad track, he was run against and killed by a train of the defendant, and that his death was proximately caused by the negligence of defendant's servants or agents while acting within the scope of their employment in the operation of said train. The third count, otherwise the same as the other two,…