Brown v. Southern Railway Co.

This action is to recover damages for the death of plaintiff’s intestate. It is alleged in the complaint that his death was caused by the negligence of the defendant, J. E. Divelbliss, while said defendant was engaged in the performance of his duties as an employee of the defendant, Southern Railway Company. The facts stated in the complaint' are sufficient to constitute a cause of action against the defendant, J. E. Divelbliss, arising out of tort, by virtue of the provisions of C. S., 160, arid against the defendant, Southern Railway Company, on the principle of respondeat superior. It is…