Reid v. Southern Railway Co.

The exception is to a judgment dismissing the plaintiff’s action for damages alleged to have resulted from the negligence of two defendants.

1. It appears from the allegations of the petition that the accident resulting in the plaintiff’s injury occurred on a public highway at a place where the railroad-tracks of the defendant company ran parallel to the highway at a distance of about 20 feet eastward therefrom, and at this point a locomotive of that company was standing and emitting a large volume of dark smoke which drifted across the highway opposite the locomotive, completely obscuring the…