Southern Railway Company v. Terry

MERRILL, Justice.

Plaintiff sued to recover damages sustained when his tractor was struck by defendant’s train at a crossing. The complaint contained two counts, 1 charging negligence in failing to ring the bell and sound -the horn for the crossing, 2 charging negligence in the operation of the train. Judgment was for the plaintiff and defendant appealed.

The Court of Appeals held that the defendant was entitled to the affirmative charge as to Count 1 because of plaintiff’s contributory negligence. We are not concerned with that part of the holding.

It was also held that plaintiff was entitled…