Southern Railway Co. v. Kelley

This was a suit for personal injuries. The petition alleged that, at about 11 or 13 o’clock at night the plaintiff “suffered an attack of vertigo or fainting spell and collapsed while crossing defendant’s track at a 'regular’ crossing where the public has crossed said railroad tracks for perhaps twenty or twenty-five years or longer,” that he lay on the tracks “in an unconscious condition for some two or three hours,” when the train “running up grade ran over him,” he being visible from the engine for a distance of 300 yards; that the footpath or walkway on which he was crossing the tracks,…