Ouzts v. Powell

SIBLEY, Circuit Judge.

The plaintiff, as widow of W. A. Ouzts, sued the receivers of Seaboard Airline Railway Company under the death statute of Florida for the killing of her husband. On a pretrial hearing it was admitted in writing that the facts stated in a special *769defense pleaded were true. The court thereupon gave a summary judgment for the defendants, and the plaintiff appeals.

The declaration in substance stated that Ouzts was driving a truck in the early morning, while it was still dark, on U. S. Highway No. 1, and in ignorance that he was nearing a railroad crossing, when he suddenly…