Supreme Court of Louisiana November 30, 1908, No. 17,115 (Jones v. New Orleans Great Northern R.)

LAND, J.

This is a suit for damages for the death of Wiley S. Jones, son -of the plaintiff, who was killed by a work train,of. defendant on August 14, 1907. Plaintiff al*355leges that on said day Ms son “was drinking heavily and intoxicated,” that in attempting to walk over a defective public crossing over defendant’s track he stumbled and fell, and, “on account of his drunken condition, the