James v. Atlantic Coast Line Railroad

WYCHE, District Judge.

This action is to recover damages for alleged wrongful death of a child and the suit is brought for the benefit of the mother Lillie Pearl James. The defendant in its answer sets up the contributory negligence of the mother, the beneficiary under the statute, in the following language : “2. That the plaintiff’s intestate was permitted and allowed by her mother, the said Lillie Pearl James, to stray from the premises where they lived, having left her there without adequate or any supervision, and to go and remain upon the railroad tracks of the defendant when she knew or…