Jones v. Southern Railway Co.

J., concurs in dissenting opinion. Action to recover damages for personal injury alleged to have been caused by the negligence of Southern Railway Company, lessee of its codefendant.

Plaintiff alleges that defendants' road crosses Lee Street in Raleigh; that a walkway across the track and roadbed had been used by pedestrians for many years; that the track is on a steep embankment; that the lessee put and negligently left loose dirt between the crossties and between the rails and on both sides of the track; that on 28 July, 1927, the plaintiff started across the track and put her left foot on…