Kabler's Administrator v. Southern Railway Co.

Whittle, P.,

delivered the opinion of the court.

This action was brought by the administrator of Kabler to recover of the Southern Railway Company damages for the alleged negligent killing of his intestate. The administrator brings error to the judgment of the trial court sustaining defendant’s demurrer to plaintiff’s evidence.

We must assume for the purpose of this discussion that Kabler, at the time he met his death, was a licensee on the track of defendant, to whom it owed the duty of ordinary care to avoid injuring him, since the evidence shows that *92the track between the villages of Evington…