Jenkins v. Southern Railway Co.

There was error in allowing defendants’ motions for judgment as of nonsuit, at the close of the evidence, and in the judgment dismissing the action.

There was evidence tending to show that defendants and each of them failed to exercise due care to keep a vigilant and proper lookout from the moving train for persons who were or who might reasonably be expected to be on the track in front of the train, where plaintiff was sitting on the end of the cross-tie, and that such failure was the proximate cause of the injuries which resulted in the death of plaintiff’s intestate.

The evidence was…