Clarke v. Southern Railway Co.

Bussey, Justice.

This action for personal injury and property damage, incurred in a crossing collision between a pick up truck and a locomotive, upon trial resulted in an order of involuntary nonsuit. In the argument of the motion for nonsuit and discussion of the evidence, there was considerable colloquy between the court and counsel, with the result that it is difficult to isolate a precise ground or grounds upon which the order was based, to the exclusion of other grounds. It is clear, however, that the trial court concluded that the plaintiff was guilty of “gross contributory negligence as…