Southern Ry. Co. v. Hale

Plaintiff’s car was demolished by defendant’s passenger train at a public road crossing in the open country in Cherokee county, for which recovery of damages under simple negligence counts is sought. From a judgment for plaintiff, defendant appeals.

The crossing was not on a curve, though there was a curve some 200 or 225 feet below the crossing, somewhat obstructing the view at that point. Plaintiff’s counsel cite the statute (section 9952, Code 1923) as applicable, especially to the question of speed shown to be from 30 to 35 miles per hour. But, as pointed out in the recent case of Atlantic…