Hampton v. . R. R.

This is an action for damages against the defendant. The complaint states that the injury complained of was received in 1894, but it does not appear from the evidence whether it was in 1894 or 1895. The defendant's road runs through the City of Winston, along Tenth Street, which had been excavated to a depth of about thirty feet at the point where the injury was received.

It is in evidence that the plaintiff, on the night of the injury, went to Watlington's store, which fronts on Liberty Street, and purchased about sixty pounds of groceries, put them in a bag and started home, and by some…