Seaboard Coast Line Railroad v. Toole

Deen, Judge.

A low-slung trailer owned by the plaintiff Toole and loaded with goods, attached to a tractor operated by an employee, became hung on the tracks of the defendant’s railroad crossing. About twenty-five minutes later and while the driver was out seeking help to get it dislodged it was hit by one of the defendant’s trains. This action sought and recovered property damage accruing to the plaintiff. The motion for new trial was denied and defendant appeals. Held:

1. The motion to strike the plaintiffs evidence as to the value of the trailer immediately before the collision was properly…