Barbara R. Gross v. Southern Railway Company, Nancy Ruth Canipelli v. Southern Railway Company

SKELTON, Judge:

The present litigation involves two damage suits growing out of a collision between an automobile and a freight train at a railroad crossing which resulted in the death of one person and serious injuries to the other. The cases were consolidated for the purpose of trial. After a pretrial hearing, the trial court granted defendant’s motions for summary judgment and the plaintiffs have jointly appealed to this court from the judgment of the trial court. We reverse the decision of the court below and remand the case to the trial court for a trial, because, in our opinion, there…