Eva L. Turner, as Administratrix of the Estate of Paul Turner, Deceased v. Atlantic Coast Line Railroad Company

TUTTLE, Circuit Judge.

This is an appeal from a judgment on a directed verdict for the appellee railroad company in a suit brought by the widow for the wrongful death of her husband when the automobile in which he was driving stalled and was struck on a railway crossing in Ozark, Alabama.

The complaint was laid in four counts, numbers one and three of which alleged that the defendant negligently ran its train into the deceased’s automobile, and numbers two and four of which alleged a willful and wanton running of defendant’s train into the automobile. The defendant answered that it was free of…