Collett v. Southern Railway Co.

The defendants assign as error the denial of their motion for nonsuit at the conclusion of the evidence. They contend (1) that they were not negligent; (2) that the plaintiff’s injury was caused solely by the negligence of her driver; and (3) if in any view of the evidence they were negligent, the negligence of the plaintiff, who owned the car and directed its operation, proximately contributed to the injury. On all these questions the evidence is conflicting. There is evidence tending to show that the coupe approached the railway track between eight and nine o’clock at night; that it was…