East Tennessee, Virginia & Georgia Railroad v. Humphreys

This suit was brought by the administrator of William Humphreys, to recover damages for killing his intestate by a train of cars.

The declaration contains two counts, the first charges the injuries to be by defendant’s servants and employees in charge of a freight train, “ unlawfully, carelessly and negligently running 'the same over the body of the plaintiff’s intestate, and so wounding him as to kill him.” The second count avers that plaintiff’s intestate was upon the track of defendant’s road when said freight train was being run thereon by their servants, and being on the track in such way…