SOUTHERN RAILWAY COMPANY v. Woltz

The appeal requires the Court to determine whether on the plaintiff’s appeal the evidence, in the light most favorable to the railroad, ignoring evidence contra, was sufficient to permit a legitimate inference the collision resulted from the negligence of Dr. Matthews; and on the defendant’s appeal, whether the evidence in the light most favorable to the defendant, ignoring evidence contra, was sufficient to permit a legitimate inference the collision and damages resulted from the negligence of the railroad.

Under proper pleadings, evidence of actionable negligence takes the case to the jury…