McMillan v. . R. R.

Plaintiff alleged that in his intestate, J. W. Stout, was killed by a collision between an automobile, driven by another, in which he was riding, and a train of defendant at a crossing in East Kings Mountain on 17 August, 1914, and that his death was caused by defendant's negligence. The jury returned the following verdict:

1. Was the plaintiff's intestate killed by the negligence of the servants and agents of the Southern Railway Company, as alleged in the complaint? Answer: "No."

2. What damage, if any, is plaintiff entitled to recover? No answer. Judgment thereon, and defendant appealed.…