Western & Atlantic Railroad v. Henderson

Appellee, Mary E. Henderson, sued to recover damages for the death of her husband. He was killed near Tunnel Hill, Georgia, at a grade crossing of a public highway and appellant’s railroad, in a collision between a motor truck that he was driving and one of appellant’s railway trains. The jury returned a verdict for her and the judgment entered thereon was affirmed in the court of appeals and in the supreme court of the State.

The question presented is whether the due process clause of the Fourteenth Amendment is violated by § 2780 of the Georgia Civil Code. It follows: “A railroad.company…