Pickett v. . R. R.

The defendant denied the allegation of negligence, and alleged that the intestate of the plaintiff was guilty of contributory negligence.

On the trial P. G. Wilson testified as follows: "In morning deceased and another boy passed me going up towards railroad. They got up on culvert arch and sat down and commenced whistling — sat there half an hour and then went up higher and laid down on embankment; could see boys, deceased from his knees up, and he was on embankment on the west side of the road so I couldn't tell where his feet were; knees must have been on the stringer which ran along the…