Raines v. . R. R.

The son of the plaintiff, who was named Bub Raines, was employed by the defendant as a member of the section crew on its line (191) between Asheville, N.C. and Spartanburg, S.C., and at the time of the accident he had been sent out to flag an approaching train. In attempting to do so, he was struck by the train and killed. At the time he was between 15 and 16 years old. With reference to his contributory negligence the court instructed the jury as follows: "If he sat down near the track in a dangerous position — if you find he thought that he was far enough away — if he put himself in a…