Southern Railway Co. v. Kelly Construction Co.

HILL, Judge.

This is an appeal from a judgment entered pursuant to a jury verdict finding both parties guilty of negligence in a collision between a train and asphalt paver at a highway crossing.

At the time of the accident, the engine of the train was owned by Southern Railway Company, hereinafter designated as Southern, and under lease to appellant, Cincinnati, New Orleans and Texas Pacific Railway. Company, hereinafter referred to as CNO& TP. The cars, caboose, and track were owned by CNO&TP. All operators of the train including Southern’s engine were employed by CNO&TP.

The asphalt paver was…