Lemings v. Southern Railway Co.

The track from the point where plaintiff’s intestate was sitting, in a westerly direction, for a distance of about 3,000 feet, was straight. Shortly before he sat down on the crosstie, while he was walking on the track plaintiff’s intestate staggered between the rails of the track. After he sat down, he leaned over, *504with Ms elbows on Ms knees, and with Ms bead between bis bands. He remained in that position until tbis carpenter by trade was struck and killed by tbe train.

The killing was in daylight, about 5 :30 o’clock p.m., and within the corporate limits of the town of Waynesville. The…