Southern Ry. Co. v. Randle

The assignments of error challenge only the action of the trial court in granting appellee’s motion for a new trial, and thereby setting aside the verdict of the jury and judgment rendered thereon.

The complaint contained but one count, alleging, among other things, that defendant’s train ran “upon, against or struck” plaintiff’s truck upon a public crossing, demolishing, etc.; that said damage was a proximate consequence of the wanton conduct of the agent and servants of defendant in charge of the operation and running of said train, acting in the line and scope of their employment, which…