McCarter v. Louisville & Nashville R. Co.

SIMS, Justice.

O. H. McCarter sued the Louisville & N. R. Company to recover $2,950 for personal injuries and damages to his truck which was struck by a train of appellee at a private crossing in Bell County not far from Middlesboro. At the conclusion of appellant’s evidence the court sustained appellee’s motion for a directed verdict. While the record does not show the reason given by the trial judge, it is apparent his ruling was based upon appellant’s contributory negligence.

Appellant owned and was driving a large Reo tractor-truck attached to a trailer in which he was hauling 14 tons of…