C. N. O & T. P. Ry. Co. v. Wilson's Adm'r

Opinion op the Court by

Van Sant, Commissioner

Reversing.

The appeal is from a judgment in the amount of $2,000 for damages for the death of Emby N. Wilson and the destruction of his truck, resulting from a collision with a fast passenger train operated by appellant at a grade crossing in Scott county, Tennessee. The accident occurred at approximately 2 A. M. on Sunday, December 7, 1941. Deceased, in the company of his helper, Ezra Anderson, had worked until 8:30 P. M. Saturday night. The two commenced drinking after they finished their work, and, in company of others, continued to drink whiskey…