Powell v. Horne Powell v. Mizell

THOMAS, J.:

The above cases were consolidated and a trial culminated in separate verdicts in favor of the respective plaintiffs. The alleged injury resulted from the collision of a gasoline-bearing truck owned by co-partners, who were plaintiffs in the one case, driven by the plaintiff in the other case, and a freight train operated by the defendant.

We have carefully examined all of the testimony introduced, including photographs taken at the instance of parties to the suit, and are of the opinion that the question whether the plaintiffs should have recovered is a close one even in the light…