Tennent v. Southern Railway Co.

The opinion of the Court was delivered by

Mr. Justice Cothran.

These two cases arose out of the same accident and were tried together on Circuit and in this Court. An automobile driven by E. S. Tennent, Jr., son of E. S. Tennent, Sr., who owned it, went into a railroad cut, under circumstances which will be detailed, causing damage to the car, and personal injury to the driver. The owner brought suit on account of the damage to the car and the driver, on account of the injury he sustained.

The cases were tried before his Honor, Judge Johnson, and a jury, the trial resulting in a verdict in favor…