Aberson v. Atlantic Coast Line Railroad

The plaintiff in error brought an action against the railroad company under the statute to recover damages for the alleged wrongful death of his minor child who was struck while on the railroad right-of-way by the *199locomotive of a passing train. At the trial the court denied a motion for a directed verdict in favor of the defendant. A verdict was rendered for the plaintiff and the court granted a motion for a new trial. The plaintiff took writ of error under the statute.

On writ of error to an order -granting a'new trial, only the order and the motion on which it is predicated can be…