Southern Railway Co. v. Harper

Mary B. Harper, as administratrix of the estate of Cooley W. Harper, brought an action in the city court of Atlanta against the Southern Railway Company for the negligent homicide of her intestate, who was killed in a wreck of its train while he was riding thereon in the service of the government as a railway mail clerk. The defendant received consideration from the government for his carriage. The action was based upon section 2486 of the Code of Alabama, in which State the homicide occurred, providing as follows: “A personal representative may maintain an action, and recover such damages as…