Thornton v. Southern Railway Company

ON MOTION ROE REHEARING.

Broyles, C. J.

Counsel for movant in his motion for a rehearing alleges that this court erred in stating that the controlling question in the case was whether the deceased, when walking on the tracks of the defendant company, as set forth in the petition, was a licensee or a trespasser.

Counsel in his original brief contended that the deceased was not a trespasser, but was a licensee, while counsel for the defendants contended that the deceased was a trespasser. We think that under all the facts of the case as set forth in the petition our statement as to the controlling…