Smith v. Southern Ry. Co.

WALKER, Circuit Judge.

This was an action by the appellant against the appellee to recover damages for the death of the former’s son, twenty-two years of age, as a result of the automobile he was driving on the Louisville road, a paved road, at about 12:30 o’clock on the morning of July 27, 1930, colliding with a freight train then extending along appellee’s track where it crossed that road, near Central Junction in Chatham county, Ga., and blocking that road. The petition alleged: That the deceased did not see said train of cars because of the fact that the night was dark and the color of the…