Reep v. Southern Railway Co.

This action was instituted to recover damages for tbe wrongful death of the plaintiff’s intestate, alleged to have been proximately caused by the negligence of the defendant.

Construing the evidence most favorably to the plaintiff, it tends to show that the intestate was sitting on the end of a crosstie of the railroad track of the defendant, with his head resting against the extended fingers of his right hand, when he was struck by the engine of a passenger train of the defendant.

The jury, in answer to the first and second issues, found that the plaintiff’s intestate was injured by the…