Southern Railway Co. v. Daniell

Townsend, Judge.

It is the contention of the defendant that it is entitled to judgment notwithstanding the verdict because the evidence demands a finding that the plaintiff’s injuries proximately resulted from his own lack of ordinary care for his safety. The evidence shows that the train crew had been engaged in switching operations and that the engine, which had been disconnected from the cars, had been motionless for a few minutes prior to the collision; that its motor was running, which the plaintiff knew when he entered his automobile because he heard it; that when the plaintiff turned…