Watson v. Birmingham Southern R. Co.

MERRILL, Justice.

Plaintiff sued defendants for damages for injuries received when his automobile ran into a train at a public crossing. This appeal is from verdicts in favor of the defendants as a result of the giving of the affirmative charge requested by the defendants at the conclusion of the introduction of evidence.

Woodward Iron Company owned the railroad tracks, the roadbed and the signal devices, and Birmingham Southern Railroad Company operated the train involved in the accident.

Plaintiff alleged that the defendant Woodward Iron Company negligently failed to maintain at said crossing…