SOUTHERN RAILWAY COMPANY v. Carter

The appellee recovered judgment in the circuit court of Madison County against appellants for $31,000.00 on count one of the complaint. Judgment was entered following a jury verdict.

Count one charged the defendants with negligence in the operation of a train and that such negligence proximately caused the death of appellee’s intestate when the engine of defendant corporation, in charge of the defendant Peters, who was the engineer, at a public crossing in a rural area, came in contact with an automobile driven by the plaintiff, Wallace Carter, in which the intestate was a passenger.

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