Davis v. Quattlebaum

THOMAS, J.,

The suit was by an administratrix for the death of the husband, the result of personal injury, alleged to have been proximately caused by the negligence of defendant’s agent while operating one of his engines.

The complaint was originally in lour counts, of which counts 3 and 4 were eliminated by charges of the court. Count 1 lays the negligence to the engineer in charge or control of “said locomotive engine” in negligently causing or allowing plaintiff’s intestate “to be thrown or precipitated from said locomotive engine or the tender thereof,” etc.; and the gravamen of count 2 was…