Carpenter v. Atlantic Coast Line Railroad

Neil Madison Carpenter and Geddy Carroll Casey, twelve and thirteen years of age respectively, hereinafter referred to as decedents, were instantly killed about five o’clock p. m. on January 27, 1951, when struck by a locomotive of the Atlantic Coast Line Railroad Company.

Each decedent’s administrator instituted an action for 115,00o 1 against the company under section 8-633, et seq., Code of 1950, commonly called the death by wrongful act statute, and alleged that the death of his decedent was caused solely by the negligence of employees of the railroad company.

The actions were tried…