McCreary v. N., C. & St. L. Ry.

Mr. Chiee Justice Green

delivered the opinion of the Court.

Bobert McCreary was an employee of tire Tennessee Consolidated Coal Company and, in the course of his employment, was killed under circumstances which it is alleged created in the Nashville, Chattanooga & St. Louis Bailway legal liability to pay damages in respect to his death.

By permission of the widow of Bobert McCreary, the plaintiff in error Joe McCreary qualified as administrator of the deceased, and as such administrator brought a suit in the Circuit Court of Franklin County to recover damages under section 4025,…