Atlantic Coast Line R. Co. v. Hadlock

I am unable to find any proof of negligence on the part of the Railroad in this case. All of the positive testimony on the subject of blowing the whistle and ringing the bell is to the effect that they were appropriately sounded. Against this is merely the negative testimony of Plaintiffs and one or two other witnesses that they did not hear any bell or whistle.

Not one of such witnesses who was in position to hear the bell or whistle had his attention directed thereto, and such testimony must give way to the positive testimony of those who did observe and hear.

In Seaboard Air Line R. Co. v.…