Sim's Admr v. Chesapeake & Ohio Railroad

Opinion op the Court by

Judge Hobson

Reversing.

Oscar Sims lived with bis father about a mile and a quarter south of Ashland and near the line of the *242Chesapeake & Ohio railway. Not far from his father’s house a public road crossed the railroad. On August 29, 1908, Sims was in Ashland after night, and visited a young lady. After leaving her house he started home. When he passed the station, a policeman who was there saw that he was intoxicated and advised him not to go through the tunnel. He thanked the policeman for his advice and went on. A lady who lived not for from the road crossing heard…