Mimms v. Seaboard Air Line Railway Co.

Seaboard passenger train No. 13, running from Wilmington to Charlotte, was wrecked on the night of 2 May, 1919, at a point approximately two miles west of Lilesville in Anson County. Investigation made on the night of the wreck showed that the train had been derailed by means of a “draw-bar” unlawfully placed on the railroad track by some person or persons, at that time unknown to the defendants. Plaintiff was an express messenger in the employment of the defendant American Railway Express Company, and was in charge of tbe express ear on tbe wrecked train. He brings suit against tbe American…