Emmett v. Alabama Great Southern R. Co.

THOMAS, Justice.

This suit was by the plaintiff as the administrator of the estate of Lorenzo Whitfield Earp, deceased, against the Alabama Great Southern Railroad Company, for the wrongful killing of plaintiff’s intestate by the defendant.

The original complaint contained three counts: Count 1 charging that “The defendant by its servants, agents or employees, .who were then and there acting within the line and scope of their employment, negligently ran an engine which was drawing a passenger train over, on, or against, the body of plaintiff’s intestate and thereby caused his death”; count 2,…