Clarence S. Westley v. Southern Railway Co.

SOBELOFF, Circuit Judge.

Clarence S. Westley brought suit in the District Court for the Western District of South Carolina against the Southern Railway Company for injuries sustained when the automobile he was driving struck the side of the locomotive of the defendant’s train. The case was tried before the District Judge sitting without a jury, who, at the conclusion of all the evidence, and after having viewed the scene of the accident, made the following finding of fact:

“Considering the evidence and the reasonable inferences to be drawn therefrom in the light most favorable to the plaintiff,…