Atlantic Coast Line Railroad v. Ward

TERRELL, Justice.

Appellee sued appellants, Atlantic Coast Line Railroad Company, a corporation, hereinafter referred to as the Railroad Company, William Eli Cooper, J. R. Felk-ner, E. J. Benton, D. T. Johns and D. T. Haynes, agents of the Railroad Company, for the negligent death of his eighteen months old child. In their answer, defend*477ants denied negligence and as an affirmative defense charged that the death of said child was caused by the negligence of the plaintiff in placing it in charge of a caretaker who negligently permitted it to wander from the house alone and across the tracks of…