Southern Railway Co. v. Lunsford

James M. Cox was the engineer in charge of a locomotive which was derailed and overturned near Bremen, Georgia. In this accident Cox lost his life, and this suit was filed under the employer’s liability act of Congress by Lunsford, his administratrix. The petition originally contained two counts, one based on the negligence of the company in maintaining its track, road-bed, and equipment, and one because of the company’s failure to keep an apparatus attached to the locomotive, and known as ’“little watchman,” in proper functioning condition under the Federal safety-appliance law. This case…