Atlantic Coast Line Railroad v. Marshall

The court did not err in overruling the motion for a judgment notwithstanding the verdict and in overruling the general grounds of the motion for a new trial. The principal witness for the plaintiff in this case was Clyde V. Clements, the driver of the automobile in which the plaintiff was riding. The railroad insists that the testimony of Clements was contradictory and inconsistent on the question whether the smoke, haze or fog so affected visibility on the night in question as to make it impossible or extremely difficult for the driver to see the railroad car on the crossing for a distance…