Coe v. Louisville and Nashville Railroad Company

LAWSON, Justice.

This is an action under the homicide •statute (§ 123, Title 7, Code 1940) by Lena Birchfield Coe against Louisville and Nashville Railroad Company, a corporation, Elijah Oaks and Charles E. Wallace.

The death of plaintiff’s intestate occurred at about 2:45 a. m. on the 6th day of March, 1956, when he drove his automobile into the side of a freight car, a part of a freight train, while the train was slowly moving over a crossing at Dartmouth Avenue in the City of Bessemer.

The defendant Oaks was the engineer on the train and the defendant Wallace was the conductor.

The case went…