Southern Railway Co. v. Thacker's Administratrix

Opinion of the Court by

Judge Nunn

Affirming.

Appellee’s intestate while driving a heavily loaded wagon across the railroad at what is known as Duncan’s *484Crossing was killed by one of appellant’s fast passenger trains. His wagon was demolished and one of his horses killed. The administratrix recovered $5,000 in damages. The train was running 45 or 50 miles per hour. The engineer was keeping a lookout, and when the engine was 264 feet from the crossing, he discovered Thacker, and his horses were just coming upon the track. Thacker seemed to be jerking and whipping his team at the time. He…