Majestic v. Louisville & NR Co.

HAMILTON, Circuit Judge.

On April 3, 1943, appellant, while driving a Chevrolet pick-up truck on Holmes Street in Memphis, Tennessee, at a grade railroad crossing of appellee, was struck by a locomotive and seriously injured. From a judgment in favor of appellee, appellant appeals.

The points urged are alleged errors in the charge and alleged erroneous admission of one item of evidence. Appellant grounded his suit on common law negligence, violation of the statutes of Tennessee and ordinances of the city of Memphis.

So far as material to the issues, the facts show that appellant was employed by…