Southern Ry. Co. v. Harris

McCORD, Circuit Judge.

Hugh T. Harris was struck by a passenger train and instantly killed while at*8tempting to drive his automobile across the tracks of the Southern Railway Company in Cornelia, Georgia. His widow, Mrs. Rozelle J. Harris, filed suit in the Superior Court of Habersham County, Georgia, to recover damages for his alleged wrongful death. On motion the suit was removed to the District Court and was there tried to a jury and verdict and judgment found and entered for the plaintiff. From this judgment the railroad has appealed.

The plaintiff predicated her right to recover on the…