Truett v. Atlantic Coast Line Railroad Co.

Mr. Associate Justice Oxner

delivered the unanimous Opinion of the Court:

This is an action to recover damages for personal injuries sustained by appellant on August 6, 1942, when a 1938 Ford truck driven by him was struck by the engine of a northbound freight train of respondent at the Keith Street crossing in the town of Timmonsville. At the close of appellant’s testimony, the Court granted respondent’s motion for a nonsuit on the ground of contributory negligence and gross negligence. The sole question presented on this appeal is whether appellant was guilty of contributory negligence or…