Atlantic Coast Line Railroad Company v. E. T. Truett, as Administrator of the Estate of Donald Truett, Deceased

SOBELOFF, Circuit Judge.

An eighteen-month-old child, Donald Truett, was struck and killed by a train of the Atlantic Coast Line Railroad at a point where its tracks cross a public highway in Cartersville, South Carolina, and from a judgment for $6,250, recovered by the father as administrator in an action under Lord Campbell’s Act, Code 1952, §§ 10-1951, 10-1952, 10-1954, this appeal was taken. The sole contention raised is that the case should not have been submitted to the jury, and that the defendant’s subsequent motion for judgment non obstante veredicto or, in the alternative, for a new…