Alabama Great Southern R. Co. v. Campbell

HARWOOD, Judge.

The complaint in this case originally contained three counts, Nos. A, B, and C. Counts A and B were based on the alleged negligence of appellant in the operation of its train, and on the alleged negligence of the appellant’s agents or servants. Count C was based on the alleged negligence of appellant in the maintenance of a road crossing its tracks. At the trial below the court gave the general affirmative charge in appellant’s favor as to Counts A and B. A verdict in favor of appellee was returned by the jury on Count C.

At around 10 p. m. on the night of November 19, 1942…