Walker v. St. Louis-San Francisco Ry. Co.

The suit by an administratrix for the wanton injury and death of her intestate was against the defendant corporation and the engineer in charge of the engine causing the injury.

The first, third, and fourth counts charged both defendants with liability as joint tortfeasors, without specific reference therein to the doctrine of respondeat superior. Count 1, for simple negligence, was eliminated by the charge of the court. Count 2 was for the subsequent negligence of the engineer after discovery of the peril of the said intestate. The action of the court was not invoked by defendant to apply the…