Morrow v. . R. R.

The plaintiff alleged and introduced evidence to prove that he was walking along and near the track of the defendant company in the town of Highland, just below and east of Hickory, when he was struck and badly injured by an engine pulling a train of the defendant, which was running, six hours late, at a high rate of speed. There was evidence in the case tending to show the following facts: That the plaintiff was using the track of the defendant for his own convenience as (624) a walkway, and when he saw the train approaching him he stepped from the track, but, not having reached a place of…