Jenkins v. Southern Ry.—Carolina Division

The opinion of the Court was delivered by

Mr. Justice BeEasE.

This is an action in tort, growing out of the death of Otis R. Jenkins, plaintiff’s intestate, who, -while riding on an engine of one of the defendant’s trains, was killed in a head-on collision, occurring on the night of October 30,. 1926, near Kingsville, this state. In the complaint, the defendant was charged with several acts of negligence, one being that the engineer of the train, which the intestate was firing at the time of his death, was asleep. The employment of Jenkins at the time by the defendant as a fireman, engaged in…