Roberts v. Alabama Great Southern R. Co.

SIMPSON, Justice.

■Appellant, as administratrix of the estate of James Emory Roberts, sued appellee for damages for the death of her intestate alleged to have been caused by the negligence of the engineer in the operation of one of the appellee’s interstate trains while the deceased was engaged in line of duty as flagman. 45 U.S.C.A. § 51 et seq.

This is the second appeal. The first trial of the case resulted in a verdict and judgment for the plaintiff, but on motion of the defendant the court set the judgment aside and granted a new trial upon the ground that the defendant was entitled to the…