Powell v. Atlantic Coast Line Railroad Co.

LIVINGSTON,. Chief Justice.

This is an appeal from a judgment for the defendant in an action brought under the wrongful death statute, Sec. 123, Title 7, Code of 1940, by James A. Powell, as Administrator, v. Atlantic Coast Line Railroad Company et al., for the death of Ola Bell Powell, the wife of James A. Powell.

The case was tried on a simple negligence count, which, of course included subsequent negligence. The defendant pleaded the general issue in short by consent, etc.

The evidence disclosed that shortly after midnight, February 5, 1958, the plaintiff’s intestate and three other ladies…