Cincinnati, N. O. & T. P. Ry. Co. v. Galloway

SIMONS, Circuit Judge.

Arlo Galloway, appellee’s decedent, was killed in collision with appellant’s freight train at Sunbiight, Tenn., while attempting to drive a Ford truck over the public highway crossing’ at that place. From, a judg-merit in favor of the administrator,, who was the plaintiff below, the railroad appealed. The principal assignments of error are directed to the failure of the District Judge to direct a verdict in favor of the defendant at the conclusion of all of the evidence.

The action was planted in part upon common-law liability, and in part upon statutes of the state of…