Lloyd v. Albemarle & Raleigh R. R.

Avery, J.:

The plaintiff’s intestate was killed in the night by an engine running with tender in front at a speed of about 25 miles an hour and carrying a train of cars. He was on the end of a trestle when stricken. The only light used on the tender was a small hand-lantern, which was held by a man placed on the tender for that purpose. This presents the question so fully discussed in Pickett v. Railroad, 117 N. C., 616, and cases that have followed at this Term. Notwithstanding the negligence of t.he plaintiff’s intestate in exposing himself to danger, could the defendant, by subsequently…