Lindsey v. Seaboard Coastline Railroad

JOHNSON, Chief Judge.

This is an appeal by the plaintiff from a final summary judgment in favor of defendant in a wrongful death action brought as a result of an automobile-train collision.

Plaintiff-appellant now contends that the trial court judge erred in granting appel-lee’s motion for summary judgment because there were genuine issues of material fact which should have been submitted to a jury. With this contention, we cannot agree.

The answers to interrogatories, depositions, affidavits and exhibits on file show the following facts. On the morning of November 29, 1967, appellee’s train was…