Southern Ry. Co. v. Williams

BOULDIN, Justice.

Appellee sued appellant for damages for destruction of her motor truck resulting from collision with a locomotive, while the truck was stalled on a road crossing. Count 1 of the complaint charged the loss to the negligent operation of the train at a public road crossing. This count, under our rules, included negligence after discovery of peril.

Count 2 was a special count based on negligence after discovery of peril, not naming the character of the crossing.

Count 3 charged negligent operation of the train at a crossing which, for many years, had been prepared, kept and…