Young, Admin. v. G. L. Tarlton, Contractor, Inc.

Appellant, Cole Yonng, as administrator of the estate of Thomas E. Young, brought this suit to recover damages for the alleged negligent killing of his intestate against defendants in whose service the intestate was employed at the time of his death. It was alleged that on December 10, 1940, intestate was run over by a truck driven by- another employee of defendants, the circumstances of which are detailed and are alleged to constitute actionable negligence.

A motion to dismiss the complaint was filed, which averred that the provisions of § 9130, Pope’s Digest, pursuant to which the suit was…