Thompson v. Southern Ry. Co.

Mr. Acting Associate Justice J. Henry Johnson

delivered the unanimous Opinion of the Court.

While operating his Chevrolet “Pick-up” truck in a Northernly direction on what is known as the old Eort Motte road at approximately two o’clock in the afternoon of March 3, 1945, plaintiff was in the act of crossing appellant’s spur-track at a point where the latter intersects the highway near the plant of the Banks Ice & Fertilizer Company in the town of St. Matthews, when a collision occurred between the truck and appellant’s engine backing out from the siding. Fortunately, plaintiff escaped injury to…