Baughn v. Seaboard Air Line Railroad

MEMORANDUM OPINION

HAYES, District Judge.

The plaintiff’s intestate was killed on a clear dry day at 8:45 P.M. June 1, 1966, when an East bound freight train running on the main line struck the rear end of intestate’s truck and killed him instantly. The Court grants the motion of defendant for a directed verdict in its favor because it affirmatively appears from the plaintiff’s evidence that the intestate drove into the path of an oncoming train in an effort to beat the train, or if he didn’t know the train was approaching it was because he failed to look and listen when he had an opportunity…