Barnes v. Atlantic Coast Line Railroad

Clare, 0. J., Tbe defendant introduced no evidence, and the only grounds of appeal are for refusal of the motion to nonsuit and in refusing to set aside the verdict. The action is for the wrongful death of plaintiff’s intestate. Revisal, 59.

The testimony was that the plaintiff’s intestate was taking home to his family some potatoes and candy; that he was walking on the railroad at a place where the track is customarily used by the public, and was killed between Fair Bluff and his home, 16 February, 1910; when last seen he was drunk and staggering along the track; he was killed by the train…