Southern Railway Co. v. Whetzel

Grant G. Whetzel, a boy fourteen years of age, was killed when an automobile in which he was riding as a passenger was struck at a grade crossing by an engine of the Southern Railway Company. His administrator recovered a verdict and judgment in the trial court.

The declaration alleged two acts of negligence: (1) Failuré to sound the statutory signals. (2) Improper in*802stallation and maintenance of the automatic electric signals at the grade crossing. The defendant plead the general issue and contributory negligence.

The first error assigned is to the action of the court in refusing to strike the…