Southern Railway Co. v. Lambert

Rtjssell, Judge.

The petition alleged that gravel and rocks placed along the crossing by the defendant had been knocked out by constant usage so that the rails were approximately three inches higher than the roadway, making it highly dangerous, with the result that plaintiff’s truck in crossing the rails dropped into holes causing it to stall, and that plaintiff, as the train approached was engaged in attempting to move the truck. The petition also shows he was in the cab of the truck at the time. Allegations that gravel and rocks had been beaten out, that the tracks were higher than the…