Browder v. Southern Railway Co.

Oxner, Justice.

This action was brought to recover damages for the alleged wrongful death of George H. Browder. The complaint is on the theory that while he was in a helpless condition on the track, a train of the Southern Railway Company, upon which E. B. LaTorre was the brakeman, negligently, willfully and wantonly ran over and killed him. The defendants denied all acts of negligence and further interposed a plea of contributory negligence, gross negligence and wantonness. Subsequent to the commencement of the action, the plaintiff took a voluntary nonsuit as to La Torre, and the action was…