Louisville N. R. Co. v. Sunday

BROWN, Justice.

This is an action by appellee as the administrator of the estate of Mary Ann Sunday, deceased, under § 123, Title 7, Code of 1940, against the appellant, predicated on “alleged wrongful act, omission or negligence of the defendant,, its agents, servants or employes, while acting within the line and scope of their authority, causing said death.”

The amended complaint upon which the case was submitted to the jury contained six counts: The- first, third and fourth ascribing said death to the negligence of said agents or servants of defendant, acting within the line and scope of…