Southern Ry. Co. v. Carlton

The suit is by the mother of a minor child to recover damages for his death by wrongful act. Code, § 5695.

Certain counts of the complaint base the mother’s right to maintain the action on averments that the father had deserted his family. Code, § 5694. Other counts, upon averments that the child was of illegitimate birth.

A verdict having been rendered for defendants, a new trial was granted as to defendant Southern Railway Company, on motion of plaintiff. The appeal is from this judgment.

Counsel for appellant greatly reduce the labors of the court by presenting only two questions going to the…