Seaboard Coast Line Railroad v. Smith

Plaintiff obtained a verdict and judgment against a railroad because of a collision at a crossing on a foggy morning before daylight; the railroad’s motion for new trial was overruled and on appeal to this court the majority take the following action: 1. Affirms as to enumerations of error numbers 1 and 2. I concur.

The majority opinion holds that defendant waived its right to complain of the service of jurors who were employees of the railroad; but expresses the opinion that said employees were in fact disqualified as jurors, had the point been properly raised. I agree that the conduct of…