Atlantic Coast Line Railroad v. Southwell

This is an action brought against the petitioner by the administratrix and widow of one of the petitioner’s em ployees, for the death of her husband by a murder which it is alleged that the petitioner “ with gross negligence wil-fully' and wantonly caused, permitted and allowed.” In view of the decision in Davis v. Green, 260 U. S. 349, the plaintiff did not attempt to hold the petitioner-liable as principal in the act, but relied upon its failure to prevent the death. The Supreme Court of North Carolina upheld a judgment for the plaintiff. 191 N. C. 153. It is admitted that the action is…