Hopkins v. Southern Railway Co.

This was an action to recover damages for the negligent killing of the plaintiff’s intestate, David Hopkins, who was killed on the trestle east of Waynesville on 4 July, 1914, by defendant’s train going east. There was evidence that the trestle was 10 or 12 feet above the water; that David Hopkins could not swim and was endeavoring to get off the trestle when he was struck and killed.

Defendant’s exceptions 1, 2, 3, 5, and 6 were to the admission of evidence for the plaintiff as to the distance from which, on the west side of the trestle, the employees of defendant operating said train could…