SOUTHERN RAILWAY COMPANY v. James

Banke, Judge.

The plaintiff was struck by a train while attempting to cross the tracks at a point apparently not designated as a public crossing. This appeal is from a judgment entered on a jury verdict in his favor in his personal injury action against the railroad. The sole issue is whether the court erred in giving the following charge: “I charge you that the evidence of injury inflicted by the running of locomotives or cars of a railroad company is prima facie evidence of a lack of reasonable skill and care on the part of employees of the railroad company.” The charge is virtually a…