Zachary v. . R. R.

The action is brought to recover damages for the negligent killing of Herbert H. Burgess, a fireman in the employment of the Southern Railway Company, the lessee of the defendant, at Selma N.C. 29 April, 1909.

These issues were submitted to the jury:

1. Was the intestate of the plaintiff killed by the negligence of the lessee of the defendant, as alleged in the complaint? Answer: Yes.

2. Did the intestate of the plaintiff contribute to his death by his own negligence? Answer: No.

3. What amount, if any, is the plaintiff entitled to recover? Answer: $2,000.

From the judgment rendered defendant…