Louisville & Nashville R. R. v. Bays' Admr.

Opinion of the Court by

Chief Justice Hobson—

Reversing.

Four Mile is a station on the Louisville & Nashville railroad about seventeen and one-half miles west of Middlesboro. In September, 1907, J. Wesley Bays, and a number of others, went from Four Mile to Middlesboro,. Bell County is dry, but whiskey is sold at Middlesboro. The party left Middlesboro for Four Mile about ten o’clock at night on the regular passenger train. Bays had a half gallon of whiskey, and the others of the party had some more, some less. The train reached Four Mile about 11 o’clock, or a little before. When they got off…