Louisville & Nashville Railroad Company v. Mrs. Josie S. Rochelle, Individually and as Administratrix of the Estate of Giles M. Rochelle, Deceased

ALLEN, Circuit Judge.

This appeal arises out of a railway crossing accident at Green Corner Crossing in Carroll County, Tennessee. Defendant’s 1 freight train, traveling 40 to 45 miles per hour, collided with the 1949 Plymouth car of plaintiff’s decedent, driving across the track. Decedent, a United States rural mail carrier, was on his regular route at his regular time. Defendant’s train was over an hour earlier than usual and it did not follow its practice of whistling for the crossing, as the conductor stated the train did for all crossings. The crew testified that they were keeping the…