Lemings v. . R. R.

This is an action to recover damages for the death of plaintiff's intestate. C. S., 160.

The facts shown by all the evidence at the trial with respect to the liability of the defendants to the plaintiff for damages resulting from the death of her intestate are as follows:

About 5:30 o'clock p.m., on 9 March, 1936, while he was sitting on the end of a crosstie in the track of the defendant Southern Railway Company, within the corporate limits of the town of Waynesville, in Haywood County, North Carolina, plaintiff's intestate was struck and killed by a train owned by the defendant Southern…