James R. Cope v. Southern Railway Company

In the night time, on the third of November, 1965, the plaintiff, operating his automobile at 15 to 20 mph in a thick fog, drove into the side of the appellant’s train, which at the time was crossing a public thoroughfare familiar to the plaintiff outside of the limits of the city of Chattanooga, Tennessee. Plaintiff sustained personal injuries and damages to his automobile, and sued for both. In the presentation of his case, plaintiff’s evidence disclosed that following the impact he saw, for the first time, a railroad employee with a lantern who orally indicated to the plaintiff that he had…