Long v. Norfolk & Western Railway Co.

Tbe act of tbe deceased in placing himself in a dangerous position on or near tbe defendant’s railroad track was such an act of negligence on bis part as would bar recovery unless tbe defendant bad the last clear chance to avoid tbe injury. Mercer v. Powell, 218 N. C., 642, 12 S. E. (2d), 227, and cases cited; Justice v. R. R., 219 N. C., 273, 13 S. E. (2d), 553. It is on this doctrine of the last clear chance that plaintiff, in part, relies.

Plaintiff offered evidence tending to show that at tbe time bis intestate was struck by tbe train of defendant be was down on tbe track in an apparently…