Southern Ry. Co. v. Diffley

BROWN, Justice.

Some of the special charges requested by the defendant and refused by the court assert that, if the jury were reasonably satisfied from the evidence that signals of the train’s approach were given as required by the statute (Code 1923, § 9952), the jury would not he warranted in finding the defendant guilty of wantonness, although they were also reasonably satisfied that the train approached the crossing at a high rate of speed. Others assert a like proposition as related to the stationary signal maintained at the crossing.

Under the assignments of error predicated on the…