Hale v. Southern Ry. Co.

The counts of the complaint claimed damages for the destruction of plaintiff’s automobile, at a public crossing of defendant’s track in Cherokee county, by being struck by one of defendant’s locomotives. On the trial it was admitted that the only claim was for subsequent negligence. It appears from the evidence that plaintiff drove his automobile onto the defendant’s track at the crossing, without stopping, looking, and listening, and when it was well on the track the engine of the automobile “choked down” or went dead, leaving the car on defendant’s track in front of an on-coming locomotive.…