Bumgarner Ex Rel. Bumgarner v. Southern Railway Co.

In considering the appeal of the Southern Railway Company we may dismiss as without significance the allegation that neither warning signs nor signals were placed at the crossing where the accident occurred. The driver of the automobile knew the crossing and stopped for it. Therefore, he had all the notice warning devices could have given him. Evidence is lacking to support the plaintiff’s allegation that the speed of the train was in violation of law — either State statute or city ordinance, or that after seeing the car on the track the train crew could have stopped the train in time to…