Sorey v. Yazoo & Miss. Valley R. R.

Plaintiff, as the surviving father of his minor son, sixteen years of age, sues for $10,000, damages for the death of his son, alleged to have been negligently killed by one of the trains of defendant east of and beyond the corporate limits of Rayville, in the parish of Rich-land, on February 14, 1930, while sitting on the end of a cross-tie of defendant’s *539main-line track adjacent to the public highway where defendant’s tracks are fenced, where there is a gate, but no crossing.

Plaintiff alleges that it was the custom of citizens in that locality to use the gates in going on and off the right…