Nashville, C. & St. L. Ry. v. Brymer

These two actions were tried together, by agreement, as they grew out of the same accident.

The plaintiffs below, Sina Lee Brymer, a minor, by her mother as next friend, and May Brymer in her own rights, brought these actions for damages for personal injuries suffered by them in a collision with the defendant’s train while walking on a bridge across Town Creek just outside the corporate limits of the town of Sparta.

Both declarations contained two counts. The first count in each declaration was a common law count, in which it was averred that the defendant operated its train in a careless,…