Stanley v. Durham & Northern Railroad

Moktgombby, J.:

The plaintiff’s intestate, in the night time, was walking along the defendant’s track between Durham and East Durham, the public being accustomed' to use the same as a walking way, when he was run down by the company’s engine, which was moving with a box car in front, and hurt so badly that he died from the injury. The box car in front of the engine obscured the headlight so that the track was not lighted in front of the moving train. The testimony as to whether there was a watchman and light on the bes car was conflicting and contradictory. The following issues were submitted…