Kurn v. Counts

FOSTER, Justice.

This is an action under the homicide statute (section 123, Title 7, Code of 1940) for negligently or wantonly causing the death of plaintiff’s intestate: counts one and two for negligence, three and four for wantonness. The defendants were two trustees of the St. Louis and San Francisco Railway Company, a corporation, and Walter Connell. All the counts allege in different language that defendants were engaged in operating railroad trains as a business; and in counts one, three and four that the servants, agents or employees of defendants caused plaintiff’s intestate’s death;…