Gulf S.I.R. Co. v. Simmons

The appellees, Mrs. Lucille Simmons and her minor son, William E. Simmons, Jr., instituted suit in the circuit court of Marion county for damages for the alleged wrongful injury and death of William E. Simmons, deceased, the husband and father, respectively, of the appellees, and from a verdict for the plaintiffs for thirty thousand dollars this appeal was prosecuted.

The declaration is very long, but the allegations thereof necessary to be here stated are substantially as follows :

That on the 2d day of January, 1927, the defendant operated a railroad through Marion county; that there was a…