Roberts v. Southern Ry. Co.

Mr. Cox, Special Judge,

delivered the opinion of the Court.

This is an action for damages arising out of the death of the fifteen year old son of plaintiff in error, the declaration alleging that the killing was the result of the negligent, wrongful, and unlawful conduct of the agents and servants of defendant in error. It is alleged that the deceased met his death in February, 1916, while upon a freight train of the railway company at Hot Springs, N. C., the train and cars being engaged in interstate transport at the time. The action is brought, therefore, under the provisions of what is…