Smith v. Southern Ry. &8212 Carolina Division

The opinion of the Court was delivered by

Mr. E. C. Dennis, Acting Associate Justice.

Rufus Smith was killed by a regular passenger train of the Southern Railway near the station of Perry, and this action is brought by the plaintiff and administratrix of his estate. The testimony shows that Rufus Smith was riding in the back of a truck coming from Salley to Perry and that on the front seat were three men, the driver of the truck being one Clarence Poole. Rufus Smith was sitting on the back of the truck while Clarence Poole and the other two were sifting in the seat of the cab of the truck. The…