Central of Georgia Ry. Co. v. Corbitt

This is an action under the Homicide Act, Code § 5696, by the administrator of Willie Corbitt, deceased, against the appellant, for wrongfully causing the death of plaintiff’s intestate. Before the case was submitted to' the jury, the complaint was amended by withdrawing counts 1, 2, and 3, and the case was submitted to the jury under counts 4 and 5.

Count 4 ascribes the death of plaintiff’s 'intestate to the willful and intentional wrong of the servants of the defendant engaged in operating a freight train on the defendant’s railroad, while count 5 ascribes his death to the negligence of such…