Nichols v. Southern Railway Co.

On June 17, 1946, at about six a. m., J. B. Nichols, while driving several milk cows southwardly across the tracks of the Southern Railway Company, at a private crossing on his farm, was struck and killed by the engine of a westbound freight train operated by the Railway Company. In an action for wrongful death the decedent’s administratrix recovered a verdict of $7,500 against the Railway Company which the trial court set aside and entered final judgment in favor of the Railway Company, on the ground that the evidence was insufficient to support a recovery. The matter is before us on a writ…