Gulf, Mobile & Ohio Railroad v. Withers

Niles H. Withers, appellee, brought this action in the Circuit Court of Lauderdale County against appellant, the Gulf, Mobile & Ohio Railroad Company, seeking damages for personal injuries resulting from his automobile running into a parked flat car. The accident occurred on June 23, 1958, but action was not filed until 1962. The jury returned a verdict for Withers. However, the resulting judgment for him must be reversed because of material errors in an instruction on sudden emergency.

Withers, a salesman, lived in Philadelphia, Mississippi. Beacoil Street (State Highways 15 and 16) crossed…