Seaboard Coast Line Railroad v. Smith

Stolz, Judge.

This is an appeal by Seaboard Coast Line Railroad from the overruling of a motion for new trial as amended which followed a verdict obtained by Smith in his damage suit for personal injuries sustained in a railroad crossing collision. Plaintiff below was a passenger in his van type automobile in which there were five of his employees, one of whom was driving Smith’s car under plaintiffs control. The collision between the engine and the vehicle occurred at approximately 3:30 a.m. at a time when the railroad *289was engaged in a switching operation at a public highway crossing. There…