Western & Atlantic Railroad v. Coca-Cola Bottling Works

Coca-Cola Bottling Works brought suit against Western & Atlantic Railroad for damage to a truck by reason of the defendant company’s train striking the truck at a certáin public crossing. A verdict was rendered for the plaintiff, and, upon de*351fendant’s motion for a new trial being overruled, the case was brought to this court.

As stated in the brief of counsel for the plaintiff in error, “one of the. main insistencies of the defense in this case was that, if there was any negligence on the part of the employees [of the railroad company], the plaintiffs agent, by the exercise of ordinary care,…