Justice v. . R. R.

CLARKSON and SEAWELL, JJ., concur in dissent. This is an action against the Southern Railway Company and its employees for the wrongful death of the plaintiff's intestate alleged to have been caused by the negligent failure of the defendants to avail themselves of the last clear chance to avoid running a train over and fatally injuring the plaintiff's intestate while down helpless on the track of the defendant company. The action was instituted in the general county court of Buncombe County and there tried upon the issues of negligence, contributory negligence, last clear chance, and damage.…