Cherry v. Atlantic Coast Line Railroad

Tbe allegations of tbe complaint and tbe evidence introduced on part of plaintiff present, and are intended to present, tbe question of defendant’s liability in two aspects:

First, by reason of an alleged negligent order on part of defendant’s agent.

Second, tbe violation of a town ordinance applicable to conditions presented and alleged to be a proximate cause of plaintiff’s injury.

Tbe two grounds of liability were distinctly recognized on a former appeal in tbis cause, wherein Associate Justice Adams, delivering tbe opinion, interpreting the complaint, said: “Tbe principal alleged acts of…