Durst v. Southern Railway Co.

Acting Associate Justice B. A. Morgan

(concurring): Action by Mrs. George W. Durst, Jr., with whom her husband was joined as plaintiff, for damages on account of alleged personal injuries received by her while a passenger upon the train of the defendant company, caused by the negligence of the defendant Williams, flagman on the train.

It appears from the undisputed evidence that the immediate injury to Mrs. Durst happened in this way: Above the aisle of the car, about midway, there was a large kerosene lamp, which rested in a bracket attached to the ceiling; it was held in place by a catch; on…