McCrowell v. Southern Railway Co.

Seawell, I.

For an orderly consideration of the case, we may array the contentions of the parties on the two appeals substantially as follows:

Upon the facts as they appear, the defendant company contends that its demurrer to the evidence and motion for judgment as of nonsuit should have been allowed for a number of reasons. In the first place, it is contended that the evidence discloses no negligence on the part of defendant, since, as contended, safety rule No. 103 (see supra), upon which it is conceived plaintiff’s case must wholly rest, does not apply to an employee such as plaintiff or to…