Paul v. . R. R.

WALKER and BROWN, JJ., dissenting. Action for the recovery of damages for personal injuries, alleged to have been caused by the negligence of the defendant.

The plaintiff's evidence tended to show — the defendant not having introduced any evidence — that the plaintiff, a white man about 35 years old, with one Hagan, drove a mule, hitched to a buggy in which they were riding, into the town of Parkton, about 2 o'clock in the afternoon of 26 January, 1914. Desiring to go on the east side of the defendant's track, they found some of the street crossings blocked by a freight train. The plaintiff…