Wall v. Southern Railway Co.

Carley, Chief Judge.

While crossing two parallel railroad tracks at their intersection with a city street, appellant-plaintiff was struck by one of appelleedefendant’s trains. Seeking to recover for the injuries that he suffered, appellant brought this negligence action against appellee. He appeals from the trial court’s grant of appellee’s motion for summary judgment,

1. Construed most favorably to appellant, the record reveals the following: When appellant approached the railroad crossing, one of appellee’s trains was stopped so that its caboose blocked half of the crossing. After waiting…