Norris v. . R. R.

There was evidence on the part of plaintiff which tended to show that on the night of 4 June, 1906, plaintiff, with a comrade, one J.H. Stewart, left the village of Benson, a station on defendant's road, and were walking along the track towards Dunn; that they left Benson about 10:30 p.m., just after the regular train had passed, and at a point about 2 3/4 miles from Benson, Stewart said, "Let's rest," and sat down on a cross-tie with his head a little dropped; that while Stewart was so placed, and plaintiff was standing across the track near the ties, an engine and tender of defendant…