WALKER, Justice.
This is an appeal from the Circuit Court of Smith County, Mississippi, wherein one Ishee, appellee, recovered a judgment in the amount of $25,000 against the appellant Railroad and its engineer for injuries sustained as a result of being struck by the appellant's locomotive, while he was lying on the track in an unconscious and intoxicated condition [see appendix] approximately one mile north of the depot in Bay Springs, Jasper County, Mississippi...
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