Austin v. Southern Railway Co.

The plaintiff’s intestate lived with his mother near the depot at Alexander, a station on the defendant’s line in Buncombe County. He had been in the regular service of the defendant as a section hand for more than three years, and in its intermittent service for five or six years. He was about twenty years of age. On Saturday nigbt, 3 December, 1927, the weather was foul: rain, snow, and sleet imperiled the track and the operation of trains. Tbe intestate was engaged as one of the defendant’s section crew in the inspection of the roadbed, a part of bis service being to walk the track and to…