Southern Railway Co. v. Hughes

LIVINGSTON, Chief Justice.

The appeal is from a judgment of the Jefferson Circuit Court in favor of the plaintiff for $5,000, and against the Southern Railway Company and John W. Kiser, the engineer operating the train of said company.

On June 29, 1954, the plaintiff, Hughes, was operating his 1940 three-quarter ton Ford pickup truck on River Road in Colbert County, Alabama, at a point where a railroad spur track going into the electrometallurgical plant crosses the highway, and the truck and train collided on the crossing.

Only one count in the complaint was submitted to the jury, and that…