BENNETT v. SOUTHERN RAILWAY COMPANY

No. 248.

96 S.E.2d 31 (1957)

245 N.C. 261

Mrs. Myrtle W. BENNETT, Administratrix of the Estate of A. C. Bennett, Deceased, v. SOUTHERN RAILWAY COMPANY, a corporation.

Supreme Court of North Carolina.

January 11, 1957.


Attorney(s) appearing for the Case

William H. Abernathy, Guy T. Carswell and James F. Justice, Charlotte, for plaintiff, appellant.

W. T. Joyner, Raleigh, and Robinson, Jones & Hewson, Charlotte, for defendant, appellee.


PARKER, Justice.

The Federal Employers' Liability Act, as set forth in 45 U.S.C.A. § 51, provides that every common carrier by railroad, while engaged in interstate or foreign commerce, shall be liable in damages, in case of the death of one of its employees, to his or her personal representative, for the benefit of certain enumerated persons, for such death "resulting in whole or in part from the negligence of any of the officers, agents, or employees of such...

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