Western & Atlantic R. R. v. Land

■Me. Chief Justice Neil

delivered the opinion of the Court.

The defendants in error, Lonis H. Land and wife, who will later be referred to as plaintiffs, sued the W. and A. Railroad in the Circuit Court of Hamilton County for damages for the negligent killing of their daughter, Velma Katherine Land.

The original declaration contained three counts, the first a common law count, the second charged a violation of, or failure to comply with, Code Section 2628, Subsection 4, and third for alleged violation of an ordinance of the City of Chattanooga. The plaintiffs moved the court to require the…