Hankerson v. Southwestern Railroad

Bleckley, Judge.

The action was for a personal injury. There was no dispute that the plaintiff, while lying upon the defendant’s track, was run over by a train of cars, and that from hurts inflicted thereby he sustained some damage. The question was upon the negligence of the parties, respectively. Upon that, the evidence was substantially as follows: The plaintiff had drank some whisky, and was traveling the public road on foot. At a point where the public road and the railroad crossed each other, he was taken with a swimming in the head, became insensible, and knew nothing more until after…