Atlantic Coast Line R. Co. v. Flowers

.FOSTER, Justice.

Plaintiff’s intestate was killed in a collision between a truck, which he was driving, and a train of appellant about 5 :40 A. M., November 8, 1939. At that time of the year, this was about the dawn of day. The headlights of both train and truck were on. It occurred at a public road crossing. The train was a fast heavy passenger train running north on a straight track back for about 1500 feet, at a speed of about 50 miles an hour. The truck was proceeding west on a level dirt road. At some 40 or 45 feet east of the railroad the dirt road has an angle, one fork extending north…