Moss v. Campbell's Creek Railroad

Robinson, Judge:

By this action the plaintiff administratrix seeks damages for the death of her intestate, who, it is alleged, while a passenger on a train of the defendant railway company, was wrongfully killed by a servant of the company. Through the verdict of a jury, plaintiff has recovered a judgment against defendant for $5000.00, and the latter prosecutes error.

Plaintiff’s intestate was shot by a special police officer appointed at the instance of the defendant company pursuant to Code 1913, ch. 145, sec. 31. Defendant insists that it is not liable for the act. Prima facie such special…