Thompson Donohoo v. Mobile O. R. Co.

The suit is for damages resulting from the collision of a motor truck with a locomotive at a grade crossing. The sole question here presented is: Did the evidence make a case for the jury on the counts presenting an issue on negligence of defendant’s servants after discovery of peril?

The facts not in substantial controversy, as far as deemed material, are: That there was a collision at a grade crossing of the, railroad and a public highway; that the locomotive with train of cars was some coo feet in length; that the truck was of &V2 tons capacity, loaded with about 2,out) youuas of freight;…